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Deep v. Clinton Central School District

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


August 13, 2009

NORMAN P. DEEP, JR., PLAINTIFF,
v.
CLINTON CENTRAL SCHOOL DISTRICT; JEFFREY ROUDEBUSH, INDIVIDUALLY, AND IN HIS OFFICIAL CAPACITY AS SUPERINTENDENT OF THE CLINTON CENTRAL SCHOOL DISTRICT; GLENN COIN, IN HIS OFFICIAL CAPACITY AS PRESIDENT SUPERINTENDENT OF THE CLINTON CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION; PAUL SCOPAC, IN HIS OFFICIAL CAPACITY AS VICE PRESIDENT OF THE CLINTON CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION; BETH TEGART, ALEXANDER D'ACUNTO, AND KATHERINE COLLETT, IN THEIR OFFICIAL CAPACITY AS A MEMBER OF THE CLINTON CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION; DEFENDANTS.

The opinion of the court was delivered by: David N. Hurd United States District Judge

ORDER

The remaining defendants have made a second motion for summary judgment pursuant to Fed. R. Civ. P. 56 to plaintiff's First Amendment Retaliation Claim. (Docket No. 45). Plaintiff opposes and cross-moves for summary judgment. (Docket Nos. 48, 49, 50, 51, and 52). Defendants filed a reply. (Docket No. 54).

Upon a review of the submissions and in each case reviewing the evidence most favorable to the non-moving party (plaintiff in the second motion and defendants in the cross-motion), questions of material fact exist as to all relevant issues pertaining to plaintiff's retaliation claim.

Therefore, it is ORDERED that

1. Defendant's second motion is DENIED; and

2. Plaintiff's cross-motion is DENIED.

IT IS SO ORDERED.

20090813

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