Document Type

Article

Publication Date

9-12-2005

Abstract

Defendants-Appellants, John M. Canzoneri, Superintendent of Schools of the Chester Union Free School District, and Michael Mallon, Mary Luciana, Christine David-Collins, Michael Monroe, and John Behler, members of Defendant-Cross-Appellee Board of Education for the District (collectively, the "Individual Defendants"), appeal from an Interlocutory Order of the United States District Court for the Southern District of New York (Brieant, J.). The Order rejected the defense of qualified immunity interposed by the Individual Defendants in response to a claim brought against them by Plaintiff-Appellee-Cross-Appellant Jacqueline J. Morris-Hayes ("Morris-Hayes") under 42 U.S.C. § 1983 for violation of the Uniform Services Employment and Reemployment Rights Act ("USERRA"). Morris-Hayes cross appeals from an Interlocutory Order by the same court denying reconsideration of the dismissal of one of her claims against Defendant-Cross-Appellee, Board of Education of the Chester Union Free School District (the "Board"). The claim charged violations of USERRA and the New York Military Law and was dismissed by the District Court on the basis of Eleventh Amendment immunity, the Court having classified the Board as an entity of the State of New York. For the reasons that follow, we dismiss both the appeal and the cross-appeal.

Comments

423 F.3d 153 (2005) Jacqueline J. MORRIS-HAYES, Plaintiff-Appellee-Cross-Appellant,

v.

BOARD OF EDUCATION OF THE CHESTER UNION FREE SCHOOL DISTRICT, Defendant-Cross-Appellee, John M. Canzoneri, Michael Mallon, Mary Luciana, Christine David-Collins, Michael Monroe, and John Behler, Defendants-Appellants.

Docket No. 04-2450-CV(L), 04-2452-CV (XAP).

Argued: May 16, 2005.

Decided: September 12, 2005.

New York Law School location: File #3315, Box #149

Download

Share

COinS