Fields v. Board of Higher Education

Murphy, P. J. (dissenting).

The plaintiff had been an assistant professor at Bronx Community College. He retired in May of 1976 at the age of 65. The plaintiff had initially been denied promotion in May of 1975. After he had exhausted the grievance machinery, the denial of promotion was confirmed on November 18, 1975.

Upon this appeal, the plaintiff’s essential claims are found in the first and third causes. He alleges that defendants conspired and deprived him of his civil rights under section 1983 of title 42 of the United States Code. The defendants, inter alia, are charged with harassing,…