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eBook details

• Title: Robert C. Murphy v. Town Southampton
• Author : Supreme Court of New York
• Release Date : January 17, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

DECISION & ORDER On February 13, 1987, the plaintiff Robert C. Murphy was discharged from his position as a probationary
police officer with the defendant Town of Southampton (hereinafter the Town). On or about March 10, 1987, the Southampton
Town Board ratified his dismissal. Thereafter, the plaintiff commenced a proceeding pursuant to CPLR article 78, inter alia,
to review the Town Board's determination. After the Supreme Court (Baisley, J.) dismissed the plaintiff's first CPLR article
78 petition, without prejudice, the plaintiff served an amended petition seeking reinstatement, and a hearing to determine
whether the Town had arbitrarily dismissed him. According to the amended petition, the plaintiff's discharge from employment
was in retaliation for his refusal to conceal from his superiors, certain allegations of improper conduct by New York State
Police Officers involving a Southampton resident. The amended petition was also dismissed based upon a finding that the plaintiff
had been discharged for good cause, for reasons unrelated to the allegations of his amended petition. The plaintiff then commenced the instant action, inter alia, to recover damages under 42 USC § 1983, premised on a deprivation
of his right of free speech by the Southampton Town Board's refusal of his request to be permitted to address it while it
was considering ratification of his discharge. We find that the court properly dismissed the instant action on collateral
estoppel and res judicata grounds.

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