Almontaser v. New York City Department of Education et al
||New York City Department of Education, Joel Klein, Rosemary Stuart, City of New York, Michael Bloomberg and Dennis Walcott
||November 19, 2007
||US District Court for the Southern District of New York
||Foley Square Office
||Sidney H. Stein
|Nature of Suit:
||Civil Rights: Jobs
|Cause of Action:
||42:1983 Civil Rights (Employment Discrimination)
|Jury Demanded By:
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|September 1, 2009
OPINION & ORDER:#97980 Almontaser participated in an interview with the New York Post on August 5, 2007, pursuant to her official duties as acting interim principal of the Khalil Gibran International Academy. As a result, the Court finds that, pursua nt to the standard set forth in Garcetti v. Ceballos, 547 U.S. 410 (2006), this speech is not protected by the First Amendment. Almontaser also failed to establish a property interest either in her position of interim acting principal of KGIA or in t he position of principal of the school for purposes of her Fourteenth Amendment due process claim. Accordingly, defendants' motion for summary judgment is granted and the Clerk of Court is directed to enter judgment for defendants. 34 MOTION for Summary Judgment filed by Michael Bloomberg, Rosemary Stuart, Dennis Walcott, Joel Klein, New York City Department of Education, City of New York. (Signed by Judge Sidney H. Stein on 9/1/09) (db) Modified on 9/2/2009 (eef).
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