The following excerpt is from Krukenkamp v. The State Univ. Of N.Y. At Stony Brook, 09-4933-cv (2nd Cir. 2010):
"To establish a First Amendment retaliation claim, a plaintiff must show: (1) his speech addressed a matter of public concern; (2) he suffered an adverse employment action; and (3) a causal connection between the speech and the adverse employment action." Singh v. City of New York, 524 F.3d 361, 372 (2d Cir. 2008). Upon such a showing, summary judgment should be denied unless the defendant shows, as a matter of law, that it "would have taken the same adverse employment action even absent the protected conduct." Dillon v. Morano, 497 F.3d 247, 251 (2d Cir. 2007).
Page 4
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.