The following excerpt is from Bavaro v. Pataki, 130 F.3d 46 (2nd Cir. 1997):
3 In light of our holding that no First Amendment violation occurred, we need not address defendants' claim to qualified immunity under Harlow v. Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982).
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