Legal Opinion · Concurring in part, dissenting in part

Daniel J. Ciambriello v. County of Nassau, Civil Service Employees Association, Inc., Russell Rinchiuso, Richard Cotugno and Ron Roeill

Court of Appeals for the Second Circuit

Decided June 4, 2002No. Docket 01-7556Published

1Concurring in part, dissenting in partSack, Circuit Judge

I agree with the majority’s resolution of this appeal with respect to the plaintiff Daniel Ciambriello’s conspiracy claim and his claims against the Civil Service Employees Association, Inc., and therefore join Parts II and III of the majority opinion. I respectfully dissent, however, from the majority’s conclusion that Ciambriello has a property interest in his employment protected by the Due Process Clause of the Fourteenth Amendment.

The majority’s view that the plaintiff has such a property interest rests on § 10-5 of the collective bargaining agreement covering Ciambriello’s employment…

2Cases cited7 opinions

  1. Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
  2. Leary v. DaeschnerCourt of Appeals for the Sixth Circuit · 2000
  3. Moffitt v. Town Of BrookfieldCourt of Appeals for the Second Circuit · 1991
  4. Thomas B. Hennigh v. City of Shawnee, Terry Powell, and Hank LandCourt of Appeals for the Tenth Circuit · 1998
  5. Dill v. City of EdmondCourt of Appeals for the Tenth Circuit · 1998

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