Legal Opinion

Danahy v. Buscaglia

Court of Appeals for the Second Circuit

Decided January 27, 1998No. 2065, Docket 97-7264PublishedCited by 20 opinions

1Opinion of the Court

BRIEANT, District Judge.

The sole issue presented in this interlocutory appeal under the collateral order doctrine is whether Defendants, Attorney General of the State of New York, his former Acting Deputy and former Deputy for Administration are entitled to “qualified immunity” against the claim of Plaintiffs that they were discharged wrongfully from Government employment in violation of their First Amendment right of free association as explained in Elrod-Branti and its progeny.1 We conclude that we have jurisdiction to hear this appeal under the collateral order doctrine and that based on…

2Cases cited33 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Anderson v. CreightonSupreme Court of the United States · 1987
  3. Mitchell v. ForsythSupreme Court of the United States · 1985
  4. Malley v. BriggsSupreme Court of the United States · 1986
  5. Elrod v. BurnsSupreme Court of the United States · 1976

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3Cited by20 opinions

  1. Allen v. City of New YorkDistrict Court, S.D. New York · 2007
  2. Almonte v. City Of Long BeachCourt of Appeals for the Second Circuit · 2007
  3. Samuel Riley v. Rod R. Blagojevich, Thomas Snyder v. Rod R. BlagojevichCourt of Appeals for the Seventh Circuit · 2005
  4. Moore v. PetersDistrict Court, W.D. New York · 2015
  5. Schallop v. New York State Department of LawDistrict Court, N.D. New York · 1998

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