Garcia v. Hartford Police Department, 706 F.3d 120 (2d Cir. 2013) (No. 11-4618), provides an example of an internal investigation giving rise to a claim asserted by the subject of the investigation. The plaintiff sued his former employer for civil rights violations, arguing that he was passed over for promotion and investigated for several incidents of misconduct on the basis of race. The district court granted summary judgment for the defendants, and the Court of Appeals affirmed. The defendants had submitted evidence that the investigations were prompted by actual allegations of misconduct; that plaintiff was formally charged in connection with two incidents; and that those charges were fully litigated and substantiated. Thus, the court found that assertions by an expert retained by the plaintiff that the investigations were improperly race-based did not create a triable issue.