In Goldberg v. Town of Rocky Hill, the Second Circuit Court of Appeals held that municipalities sued under The Civil Rights Act, 42 U.S.C. § 1983, were not entitled to absolute immunity from suit. Kenneth Goldberg brought suit against the town of Rocky Hill, Connecticut ("the town"), its mayor, town manager, and councilmen in their official capacities, claiming he was wrongfully discharged. The town moved to dismiss under Federal Rule of Civil Procedure 12(b)(6) claiming absolute immunity from suit. The district court denied the motion holding that the town was not entitled to absolute immunity. The town then brought an interlocutory appeal before the Second Circuit. The town's interlocutory appeal and the split among the circuits on this issue are the focus of this Casenote.
Bladich, Nancy J.
"Goldberg v. Town of Rocky Hill: Second Circuit Refuses to Extend Absolute Immunity to Municipal Defendant,"
Mercer Law Review: Vol. 44:
4, Article 21.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol44/iss4/21