Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

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Tuesday, May 26, 2009

First Amendment Case Involving Attorney Employed By Disciplinary Committee Can Proceed To Trial

Anderson v. State of New York, ___F.Supp. 2d___(S.D.N.Y. April 27, 2009), is an interesting case. In a lengthly decision, the court held that the plaintiff, a New York lawyer, who was fired after working six years as a staff lawyer at the First Department's disciplinary committee may proceed with a $10 million damage lawsuit alleging that she was discharged in retaliation for claiming her superiors were "whitewashing" cases. However, the judge, Shira A. Scheindlin, of the S.D.N.Y. threw out the attorney's claim that she had been fired because she is black, in ruling on a summary judgment motion brought by defendant the Office of Court Administration. The decision is full of excellent cites and an excellent primer on Title VII, 1983 and the First Amendment. 

A New York Law Journal article about this case is available here (registration required).

Mitchell H. Rubinstein

http://lawprofessors.typepad.com/adjunctprofs/2009/05/first-amendment-case-involving-attorney-employed-by-disciplinary-committee-can-proceed-to-trial.html

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