United States First Circuit

District court erred in dismissing the damages claim brought by a Turnpike Authority employee fired in retaliation for voting against toll increases. If true, his allegations establish a violation of First Amendment rights such that defendant is not entitled to qualified immunity.

Appellate Information

• Decided 02/13/2004
• Published 02/13/2004

Judges

• LIPEZ, Circuit Judge., Before TORRUELLA and LIPEZ, Circuit Judges, and William W. SCHWARZER, Senior U.S. District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Thomas A. Barnico, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, and David R. Kerrigan, Assistant Attorney General, was on brief, for appellant.


• For Appellees:
  
• Harvey A. Schwartz, with whom Laurie Frankl and Rodgers, Powers & Schwartz LLP were on brief, for appellee.