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LIEBERMAN v. REISMAN

No. 845, Docket 87-7993.

857 F.2d 896 (1988)

Nikki LIEBERMAN, Plaintiff-Appellant, v. Herbert REISMAN, Supervisor, George Conklin, former Supervisor, Isaac Goodfriend, Maxwell Wortman, Emanuel Weldler and David Stein, Councilmen, and Debra Chiat and Hyman Jatoff, Former Councilmen, constituting the Town Board of the Town of Ramapo, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 15, 1988.

Attorney(s) appearing for the Case

David M. Wagner, New City, N.Y. (Freedman, Wagner, Tabakman, Weiss & Insler, New City, N.Y., of counsel), for plaintiff-appellant.

William R. Sichol, Suffern, N.Y. (Sichol & Hicks, Suffern, N.Y., of counsel), for defendants-appellees.

Before FEINBERG, Chief Judge, and CARDAMONE and PIERCE, Circuit Judges.

CARDAMONE, Circuit Judge:

This appeal from a dismissal of plaintiff's complaint in the Southern District of New York presents a single issue: whether unfavorable action not rising to the level of a discharge taken against a town employee based on her political affiliation may give rise to a constitutional claim cognizable under 42 U.S.C. § 1983 (1982)? We hold that it may and therefore reverse the district court's contrary conclusion respecting Count II of plaintiff...

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