Gorman v. Rensselaer County

Rensselaer County, N.Y. officer, Officer A, illegally accesses a confidential law enforcement database to stalk his ex-girlfriend’s new paramour. Officer B (the ex-girlfriend’s brother) reports Officer A’s crime, triggering threats and reprisals from A and other gov’t officials. Officer B sues for First Amendment retaliation. Second Circuit (over a dissent): It’s only illegal retaliation if Officer A’s crime was “a matter of public concern,” and how could any of the retaliators have known whether it was? So qualified immunity for everyone.

Tags: 2018, First Amendment, Qualified Immunity, Retaliation, Second Circuit

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