Winston v. City of New York

CARDAMONE, Circuit Judge:

The main issue on this appeal is whether New York City public school teachers have a property interest in their pension rights protected under the due process clause of the 14th Amendment to the United States Constitution. Plaintiffs challenge a provision of the New York City Administrative Code, which provides that public school teachers dismissed for cause automatically forfeit their right to City-funded retirement benefits. A second issue is whether this *244threat of pension loss unconstitutionally chills the teachers’ rights to a hearing over the reasons for their…