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Plaintiff-Appellant Monroe Hale ("Hale") appeals from a summary judgment in favor of the defendants-appellees, The State of New York Office of Children and Family Services ("OCFS") and Louis Mann ("Mann"), a Deputy Commissioner in OCFS, entered in the United States District Court for the Southern District of New York (Brieant, J.). In 1998, Hale was terminated from his position as Youth Facility Director ("Director") of the New York Secure Center in Goshen, New York ("Goshen Facility"). He subsequently brought suit alleging that he had been fired in violation of his rights under the Family and Medical Leave Act of 1993 ("FMLA"), 29 U.S.C. § 2601 et seq., and the First Amendment.[1] On February 25, 1999, the district court granted the defendants' motions for summary judgment, concluding that Hale's post-FMLA leave firing did not violate the FMLA and that Hale's firing was not motivated by any protected speech on his part.

For the reasons that follow, we affirm in part, vacate in part, and remand for further proceedings consistent with this opinion.


219 F.3d 61 (2000)

Monroe HALE, Plaintiff-Appellant, v. Louis MANN, Deputy Commissioner, sued in his individual capacity and The State of New York Office of Children and Family Services, Defendants-Appellees,

Docket No. 99-7326.

United States Court of Appeals, Second Circuit.

Argued October 22, 1999.

Decided May 25, 2000.

Michael H. Sussman, (Stephen Bergstein, on the brief) Law Offices of Michael H. Sussman Goshen, N.Y. for Plaintiff-Appellant.

Marion R. Buchbinder, Assistant Attorney General of the State of New York (Eliot Spitzer, Attorney General, Edward Johnson, Deputy Solicitor General, & Michael S. Belohlavek, Assistant Attorney General, on the brief) New York, N.Y. for Defendants-Appellees.

New York Law School location: File # 2817, Box #141