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Alum Stephen Bergstein Wins First Amendment Decision

August 1, 2011

Stephen Bergstein (’93) of Bergstein & Ullrich LLP won a decision in the Second Circuit Court of Appeals when it concluded that the First Amendment protected a New York police officer’s claim alleging he was fired by the police department in retaliation for his refusal to comply with orders to retract his report of a fellow officer’s use of force. The panel vacated part of a New York district court’s dismissal of Jason Jackler’s retaliation suit based on his free-speech claim and remanded the case, holding that a citizen has a First Amendment right to reject governmental efforts to require him to make statements he believes are false.

Read more at Law360 (subscription required) and at Constitutional Law Prof

Bergstein Also Quoted in Reuters on Strauss-Kahn Case

Bergstein is also quoted in a Reuters story about the possibility of Dominique Strauss-Kahn, former managing director of the International Monetary Fund, filing a civil suit against New York City police officers or the District Attorney’s office. Strauss-Kahn was charged with sexual assault in May. The article discusses possible civil suits that Strauss-Kahn could file, including one for false arrest. Bergstein says, “Most false-arrest cases fail. I find that there’s always some way for the government to win these cases.”

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