Summary
This Second Circuit Court of Appeals opinion addresses whether a town justice court clerk's cooperation with a state judicial conduct investigation and her subsequent refusal to discuss it with a town justice constitute protected citizen speech under the First Amendment. The district court had dismissed the clerk's First Amendment retaliation and state whistleblower claims, concluding her actions were part of her official duties. The appellate court vacated the dismissal, holding that the complaint adequately alleged she acted as a private citizen rather than pursuant to her official responsibilities, and remanded the case for further proceedings.
Topics
Practice areas
Questions Presented
- Whether Long's refusal to discuss the Commission investigation and her cooperation with the Commission constitute protected citizen speech under the First Amendment.
- Whether the district court erred in dismissing Long's First Amendment retaliation claim.
Holdings
- The district court erred; Long's speech was protected as citizen speech and the dismissal is vacated and the case remanded for further proceedings.
Key quotations
“The First Amendment’s guarantee of freedom of speech necessarily comprises the decision of both what to say and what not to say.” (*5)
“We therefore conclude that Long spoke as a citizen when she refused to discuss the Commission’s investigation with Byrne.” (*5)
Factual background
Samantha Long served as Clerk of the Town Justice Court. In July 2023 a Commission representative requested case files related to an investigation of Judge Byrne; Long provided the files and was instructed not to discuss the investigation. Later Byrne confronted Long about the investigation; Long refused to disclose the complainant's identity. The Town Board subsequently terminated Long's employment.
Procedural history
Long sued the Town of New Lebanon and former Town Justice Jessica Byrne in the Northern District of New York alleging First Amendment retaliation and violation of NY Civil Service Law §75‑b. The district court dismissed the claims for failure to state a claim and declined supplemental jurisdiction over the state‑law claim. Long appealed.
Remand instructions
Remand for further proceedings.