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Second Circuit Upholds Dismissal Against Town of Greece

February 26, 2009

The United States Court of Appeals for the Second Circuit ordered that District Judge Charles Siragusa was correct when he dismissed various civil rights claims brought against G&I client, the Town of Greece. In the case of Geiger v. Town of Greece, the plaintiff claimed that the Town violated his constitutional rights by terminating the plaintiff's towing contract out of impermissible retaliation for the exercise of free speech and without due process. Judge Siragusa disagreed and dismissed the plaintiff's complaint at the pleading stage. On appeal, the Second Circuit held that the plaintiff's allegations failed to establish a causal link between the free speech in question and the Town's termination of the towing contract. In addition, the Second Circuit upheld Judge Siragusa's finding that the plaintiff had previously admitted to overcharging towing customers and that the Town thus had a valid reason for terminating the plaintiff's contract.

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