732 F.3d 157 (2nd Cir. 2013), 13-651-CV, Dorsett v. County of Nassau

Docket Nº:13-651-CV.
Citation:732 F.3d 157
Opinion Judge:PER CURIAM:
Party Name:Sharon DORSETT, As the Administratrix of the Estate of Jo'Anna Bird, Frederick K. Brewington, Plaintiffs-Appellants, v. COUNTY OF NASSAU, Defendant-Appellee, Robin Pellegrini, Law Offices of Frederick K. Brewington, Plaintiffs, Edward Mangano, in his Individual and Official Capacities as County Executive of the County Of Nassau, Nassau County Legis
Attorney:Scott A. Korenbaum, New York, N.Y. (Stephen Bergstein, Bergstein & Ullrich, LLP, Chester, N.Y.; Randolph McLaughlin, Newman Ferrara LLP, New York, N.Y.; Frederick K. Brewington, Hempstead, N.Y., on the brief), for Appellants. David A. Tauster, Deputy County Attorney (Dennis J. Saffran, Appeals Bu...
Judge Panel:Before: WINTER, WALKER, and WESLEY, Circuit Judges.
Case Date:October 18, 2013
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 157

732 F.3d 157 (2nd Cir. 2013)

Sharon DORSETT, As the Administratrix of the Estate of Jo'Anna Bird, Frederick K. Brewington, Plaintiffs-Appellants,

Robin Pellegrini, Law Offices of Frederick K. Brewington, Plaintiffs,

v.

COUNTY OF NASSAU, Defendant-Appellee,

Edward Mangano, in his Individual and Official Capacities as County Executive of the County Of Nassau, Nassau County Legislature, Peter Schmitt, in his Individual and Official Capacities and as Legislator/Presiding Officer of the County of Nassau County Legislature, Defendants. [*]

No. 13-651-CV.

United States Court of Appeals, Second Circuit.

October 18, 2013

Argued: Sept. 19, 2013.

Page 158

Scott A. Korenbaum, New York, N.Y. (Stephen Bergstein, Bergstein & Ullrich, LLP, Chester, N.Y.; Randolph McLaughlin, Newman Ferrara LLP, New York, N.Y.; Frederick K. Brewington, Hempstead, N.Y., on the brief), for Appellants.

David A. Tauster, Deputy County Attorney (Dennis J. Saffran, Appeals Bureau Chief, on the brief), for John Ciampoli, County Attorney of Nassau County, Mineola, N.Y., for Appellee.

Before: WINTER, WALKER, and WESLEY, Circuit Judges.

Page 159

PER CURIAM:

This § 1983 action comes to us on an expedited appeal from the Eastern District of New York following dismissal on a 12(b)(6) motion. In March 2010, Sharon Dorsett, the mother of Jo'Anna Bird, acting as administratrix of Bird's estate, filed a complaint against the County of Nassau and various of its officers seeking damages for Bird's death. Dorsett's attorney in that action, Frederick Brewington, negotiated a settlement with the County that was signed in July 2011. By its terms, however, the agreement was not final until approved by the county legislature. After the legislature finalized the agreement, it was also subject to court approval. N.Y. Est. Powers & Trusts Law § 5-4.6. The legislature did not approve the settlement until January 2012. Dorsett and Brewington, plaintiff-appellants in this separate action, allege that the County intentionally delayed approving the settlement in retaliation for their protected First Amendment activities. Because we find that Plaintiffs had no right to have the settlement approved at all, much less by a certain date, we affirm the district court's order dismissing the complaint.

Background

When reviewing a 12(b)(6) dismissal, the court accepts as true all factual allegations in the complaint. See King v. Simpson, 189 F.3d 284, 287 (2d Cir.1999). In March 2009, Leonardo...

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