Plaintiff-appellant Brian Sheppard, appearing
pro se, appeals from a judgment of the United States District Court for the Eastern District of New York (Glasser,
J.), dismissing his complaint on the pleadings pursuant to
Fed.R.Civ.P. 12(c) (“
Rule 12(c)”),
822 F.Supp. 931. Sheppard, a law clerk to defendant-appellee Leon Beerman, a justice of the Supreme Court of the State of New York, was discharged following a heated dispute with Beerman. Sheppard subsequently brought an action under
42 U.S.C. § 1983 (1988) alleging that his discharge and Beerman's conduct following the discharge violated his First and Fourth Amendment rights. In his complaint, Sheppard claimed that he was fired in “retaliation for [his] protesting, and [sic] considering to expose, judicial misconduct.” He further alleged that subsequent to the discharge, Beerman illegally searched his office and seized his belongings. The district court dismissed Sheppard's claims on the pleadings, finding that he failed to state any cognizable constitutional claims. On appeal, Sheppard challenges the dismissal of each of his claims, generally arguing that the district court made certain improper factual findings in ruling on Beerman's
Rule 12(c) motion to dismiss on the pleadings. For the reasons discussed below, we agree with Sheppard only as to one of his First Amendment claims. Accordingly, we affirm, in part, and vacate and remand, in part.