Second Circuit — Notice of Appeal: Gusler v. City of Long Beach

U.S. Court of Appeals for the Second Circuit

Notice of Appeal

Timeliness

Gusler v. City of Long Beach
11-4493-cv
Judges Jacobs, Carney, and Gleeson

Background: The plaintiff brought an action alleging that the defendants had retaliated against him after he spoke out about issues involving his employer, the Long Beach Fire Department. The district court had dismissed some of the claims against some of the defendants. The remaining defendants sought to appeal the denial of their dismissal motion raising a defense of qualified immunity.

Ruling: The Second Circuit dismissed the appeal. The court found that the defendants had failed to timely file a notice of appeal that specified that they intended to appeal. Specifically, the defendants had misstated that the defendant was Nassau County, not the City of Long Beach. After the 30-day period to file a notice of appeal had lapsed, the defendants filed an amended notice of appeal listing all twelve individual defendants without distinguishing between those who had been dismissed and those who had not. The defendants had filed the amended notice without first seeking leave of court.

Paul F. Millus and Virginia J. Trunkes of Snitow Kanfer Holtzer & Millus for the defendants-appellants; Jawy Gusler, pro se