Second Circuit Vacates Dismissal of First Amendment Retaliation Claim Brought by Police Officer Fired For Failing to Submit False Report
In Jackler v. Byrne, 658 F.3d 225 (2011), the Second Circuit vacated the trial court’s FRCP 12(c) dismissal of plaintiff probationary police officer’s Section 1983/First Amendment retaliation claim. Plaintiff alleged that he was fired because he refused to follow instructions to retract a report that implicated a police officer in the use of excessive force…
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