McCullough v. Wyandanch Union Free Sch. Dist.

187 F.3d 272 (2d Cir. 1999), on remand, 132 F.Supp.2d 87 (E.D.N.Y. 2001).  On appeal before the Second Circuit, we successfully argued for qualified immunity on behalf of a defendant School Administrator and Board Members against the First Amendment retaliation claims of a terminated superintendent, as well as dismissal of the plaintiff’s due process claims.  On remand to the District Court, we obtained dismissal of the remaining First Amendment claim against the School District, upon the ground that the potential disruptiveness of the terminated superintendent’s “speech” outweighed the First Amendment value of the speech.