FISHKILL – The US Court of Appeals for the Second Circuit reversed a lower court’s decision and sent back for trial the demotion of Town of Fishkill Police Captain Scott Bierce.
Bierce’s rank was downgraded within months after new Town Supervisor Robert LaColla and a new town board took office in January 2012. They voted to eliminate his position. Bierce sued contending his First Amendment right to free speech was violated because he was a staunch supporter of former Town Supervisor Joan Pagones, who was defeated by LaColla. The new supervisor denied the allegation and that was upheld by the district court.
But, Bierce took his case to the higher court, which reversed the decision and sent it back to the lower court for trial, to be represented by his attorney, Michael Sussman.
“We would seek his reinstatement and money damages commensurate to the lack of earnings, which he suffered as a result of the demotion, as well as other damages,” he said.
Sussman has maintained Bierce was targeted by the new town board solely because he spoke out in support of Pagones and against LaColla.
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