A New York federal district court granted in part and denied in part the State University of New York’s motion to dismiss a a transplant surgeon’s claims for First Amendment retaliation arising from his written statement supporting a former colleague facing allegations of substandard medical treatment. The university didn’t analyze whether he was “on duty” when he made his written statement, or whether it was related to his employment, so the court declined to address whether he spoke was on a matter of public concern as part of his official duties or determine if his statement was speech protected by ...

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