Colvin v. Keen, No. 16-3650 (2d Cir. 2018)Annotate this Case
The Second Circuit affirmed the district court's grant of summary judgment to defendants in an action alleging that defendants took adverse employment action against plaintiff in violation of the First Amendment in retaliation for her giving advice to a co-worker who was being arrested by campus police. The court declined to apply the law of the case doctrine where the district court initially entered an order denying defendants' motion for summary judgment before changing its mind, because plaintiff did not point to any prejudice she suffered by reason of the change of ruling and the court saw no impropriety in the district court's exercise of its discretion to revisit its earlier denial of summary judgment. On the merits, the court held that defendants were protected from both liability and the obligation to defend the case because of qualified immunity. In this case, there was no clearly established law to the effect that plaintiff's speech was on a matter of public concern.