ALBANY, N.Y. — A New York court officer may proceed with his suit against the state’s Office of Court Administration for firing him because he took a video of security camera footage showing public employees engaging in a Nazi goosestep salute at a county courthouse. His First Amendment retaliation claim may proceed because his act involved a matter of public concern, but the court cannot determine whether he acted as a private citizen or as a security officer trying to maintain order at the courthouse. His due process claim is dismissed; he was given sufficient notice and an opportunity to challenge his disciplinary charges.
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