Local Municipality Successfully Defended in Federal Civil Rights Case

Post Date
01/27/12

C&W attorneys, Gerard Cipriani and Philip Sbrolla, obtained the dismissal of a federal civil rights case against a local municipality and its elected council members. 

The Plaintiff had served as the Borough’s K-9 officer for fifteen years.  In 2010, Borough Council enacted a budget that eliminated the K-9 program due to the costs associated with the program, including overtime.  The police officer brought suit against the Borough alleging violations of his First Amendment free speech rights and violation of his procedural and substantive due process rights under the Fourteenth Amendment.  He alleged that the elimination of the K-9 program was in retaliation for unspecified union activity.  He also alleged that he was entitled to a hearing prior to the elimination of the program. 

After allowing the Plaintiff to file an Amended Complaint, the District Court granted the Defendants Motion to Dismiss finding that he had failed to state a claim.

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