LEVIN v. HARLESTON

No. 796, Docket 91-7953.

966 F.2d 85 (1992)

Michael LEVIN, Plaintiff-Appellee, v. Bernard W. HARLESTON, President of The City College of The City University of New York, individually and in his official capacity, and Paul Sherwin, Dean of The City College of The City University of New York, individually and in his official capacity, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 8, 1992.


Attorney(s) appearing for the Case

Clement J. Colucci, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of State of N.Y., and Toni E. Logue, Asst. Atty. Gen., of counsel), for defendants-appellants.

Scott M. Univer, New York City (Michael P. McDonald, Center for Individual Rights, Washington, D.C., of counsel), for plaintiff-appellee.

Ann H. Franke and Mark D. Laponsky, Washington, D.C. (Robert M. O'Neil, Charlottesville, Va., Arthur Eisenberg, New York Civil Liberties Union, and Norman Dorsen, New York University School of Law, New York City, of counsel), submitted a brief for American Ass'n of University Professors, New York Civil Liberties Union, and Thomas Jefferson Center for Protection of Free Expression, amicus curiae.

Before: VAN GRAAFEILAND, CARDAMONE and McLAUGHLIN, Circuit Judges.


VAN GRAAFEILAND, Circuit Judge:

Bernard W. Harleston and Paul Sherwin, the President and Dean of Humanities, respectively, of The City College of The City University of New York, appeal from a judgment entered after a bench trial in the United States District Court for the Southern District of New York (Conboy, J.) in a 42 U.S.C. § 1983 action brought by Professor Michael Levin. The district court found violations of Levin's free speech and due process rights...

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