United States First Circuit

In section 1983 cases asserting a First Amendment claim, the plaintiff need only allege facts sufficient to enable a reasonable inference that the employer retaliated, at least in part, in response to constitutionally protected speech; allegations in plaintiff's amended complaint met that minimal pleading standard, entitling plaintiff to conduct discovery regarding the section 1983 causation element, and dismissal for failure to state a claim was inappropriate.

Appellate Information

• Decided 04/12/2002
• Published 04/12/2002

Judges

• CYR, Senior Circuit Judge., Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and CYR, Senior Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Samuel L. Rodríguez, with whom Grayer & Dilday was on brief for appellant.


• For Appellees:
  
• Peter M. Michelson for appellees.