U.S. Court of Appeals for the Second Circuit, 2002

Avery v. City of West Haven

Avery v. City of West Haven
U.S. Court of Appeals for the Second Circuit · Decided April 30, 2002 · Calabresi, Hon, Jacobs, Oakes
33 F. App'x 21

Avery v. City of West Haven

Opinion of the Court

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED.

Appellants challenge the district court’s grant of summary judgment, dismissing their 42 U.S.C. § 1983 retaliation claim. On the facts that must be deemed uncontroverted, given the failure of the appellants to file a statement of disputed material facts as required by Local Rule 9(c)(2) in response to appellees’ 9(c)(1) Statement of Undisputed Material Facts, no First Amendment retaliation claim can be made out.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.