Berkman Henoch Successfully Defends Municipality Against Allegations of First and Fourteenth Amendment Constitutional Violations


2 June, 2022


Firm NewsRecent Decisions

Mario Poletti v. Town of Hempstead, et al.

Partner, Donna A. Napolitano and Associate, Nicholas Tuffarelli successfully represented the Town of Hempstead before the United States District Court for the Eastern District of New York against allegations of retaliation in violation of the First and Fourteenth Amendments.

Plaintiff, a Town of Hempstead employee, alleged that the Town subjected him to unlawful retaliation due to his role as a union shop steward.  District Judge Eric N. Vitaliano, in dismissing the Plaintiff’s complaint after the Town’s motion for summary judgment, opined that Plaintiff’s arguments were “a transparent attempt to deflect attention away from his undisputedly poor work performance [and had a ] fatal impact on his claims.”  The Court went on to say, “there is a trainload of essentially uncontroverted evidence connecting [Plaintiff’s] discipline to major shortcomings in his work performance.”

A copy of the Decision:  Mario Poletti v. Town of Hempstead, et al.

For additional information contact Donna A. Napolitano, Esq.