Weintraub v. Bd. of Educ., No. 07-2376

In an action claiming that a school district violated plaintiff-teacher's First Amendment rights by retaliating against him based on his filing of a formal grievance with his union, dismissal of the complaint is affirmed where plaintiff filed his grievance pursuant to his official duties because the grievance was in furtherance of one of his core duties as a public school teacher, maintaining class discipline, and had no relevant analogue to citizen speech. Accordingly, the First Amendment did not protect his filing of a grievance.

Read Weintraub v. Bd. of Educ., No. 07-2376

Appellate Information

Argued: November 25, 2008

Decided: January 27, 2010

Judges

Opinion by Judge Walker

Counsel

For Appellant:

Richard A. Engelberg, Kreines & Engelberg, Mineola, NY

For Appellees:

Edward F.X. Hart and Leonard Koerner, New York, NY