Publication Details

Kobin and Garcia granted Motion to Dismiss in Federal Court in Employment Lawsuit

Thomas R. Kobin and Joseph A. Garcia successfully defended Bergen County against a federal, employment lawsuit filed by a sheriff’s officer.  The plaintiff asserted violations of the First and Fourteenth Amendments and conspiracy to violate plaintiff’s civil rights.  Before the County was forced to engage in costly discovery, Tom and Joe filed a motion to dismiss the Complaint arguing that plaintiff’s speech was not legally protected under the First Amendment and that plaintiff had available sufficient procedural due process protections.  While motions to dismiss are rarely granted, the Honorable Faith S. Hochberg, United States District Judge, agreed with the arguments made on behalf of the County and dismissed the Complaint.