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Amy Velez v. Harold O. Levy, Chancellor of the City School District of the City of New York, Individually and in His Official Capacity, Jacob Goldman, Individually and in His Official Capacity as a Member of New York City Community School District 1, Nancy Ortiz, Individually and in Her Official Capacity as a Member of New York City Community School District Board 1, Joyce Early, Individually and in Her Official Capacity as a Member of New York City Community School District 1, Thomas Hyland, Individually and in His Official Capacity as Deputy Director of the Chancellor's Office of Special Investigations, Anthony Deleo, Individually and in His Official Capacity as Confidential Investigator in the Chancellor's Office of Special Investigations, Robert Colon, Individually and in His Official Capacity as an Investigator in the Chancellor's Office of Special Investigations

Citations: 401 F.3d 75; 22 I.E.R. Cas. (BNA) 989; 2005 U.S. App. LEXIS 4135Docket: 03-7875

Court: Court of Appeals for the Second Circuit; March 10, 2005; Federal Appellate Court

Narrative Opinion Summary

This case involves an elected community school district board member who alleged that fellow board members and officials conspired to remove her from office, motivated by political animus. She filed a lawsuit under 42 U.S.C. § 1983, claiming violations of her First and Fourteenth Amendment rights, including procedural due process, First Amendment retaliation, and a stigma-plus liberty interest. The district court dismissed her claims, finding no viable constitutional claims, but the appellate court allowed her First Amendment and procedural due process claims to proceed against some defendants, specifically Chancellor Levy. The court determined that Velez was entitled to a pre-deprivation hearing, which was not provided, thus violating her procedural due process rights. Additionally, her First Amendment claim was upheld due to the retaliatory nature of her removal for political expression. The court ruled that qualified immunity did not protect Levy at this stage, as the legal rights in question were clearly established. The case was remanded for further proceedings, allowing Velez to pursue her claims against Levy, while dismissing claims against other defendants due to insufficient evidence of constitutional violations.

Legal Issues Addressed

First Amendment Retaliation

Application: The appellate court allowed Velez's First Amendment claim to proceed against Chancellor Levy, as her removal was potentially retaliatory due to her political views.

Reasoning: The court agrees with Walker that the First Amendment prohibits state officials from removing elected representatives based on their political views, thus reinstating Velez's claims against Levy, who was responsible for her ouster.

Procedural Due Process under the Fourteenth Amendment

Application: The court found that Velez was entitled to a pre-deprivation hearing before her removal by Chancellor Levy, as his actions were not random or unauthorized.

Reasoning: Applying this reasoning to Chancellor Levy, who had the authority to remove Velez, it was determined that Velez was entitled to a pre-deprivation hearing prior to her removal from the board.

Qualified Immunity in Constitutional Claims

Application: Qualified immunity was not applicable to Chancellor Levy at this stage, as a reasonable official should have recognized the need for a pre-termination hearing.

Reasoning: Therefore, a reasonable official in Levy's position should have recognized that failing to provide an adequate pre-termination hearing violated the Fourteenth Amendment.

Stigma-Plus Liberty Interest under the Fourteenth Amendment

Application: Velez's claim against Levy for stigma-plus was reinstated, as the court found the necessary connection between the defamatory statements and her removal.

Reasoning: Velez argues that the Chancellor adopted this stigma by acting on the board’s charges, thereby implicating her 'stigma-plus' liberty interest and asserting deprivation of that interest.

Substantive Due Process

Application: The court dismissed Velez's substantive due process claim, emphasizing that it must be based on specific constitutional violations rather than general concepts.

Reasoning: Claims must reference specific constitutional violations rather than rely on the general concept of substantive due process, as established in prior rulings.