United States First Circuit

In a suit involving a search of a library computer system and an alleged search of a library employee's personal email to determine whether library resources had been used to support a city mayor's opponent during the election, dismissals on summary judgment and under Rule 50 are affirmed where: 1) the city's police chief was a policymaking employee not subject to first amendment protections from dismissal on grounds of political affiliation; 2) statements made by the mayor did not amount to a constructive discharge of the library's director; 3) there was no evidence of either actual injury or the required scienter for defamation claims by the library's systems administrator and a contractor; 4) two privacy claims failed to set forth any specific facts demonstrating that plaintiffs satisfied the requirements for the claims; and 5) the jury's finding that a search of the systems administrator's personal email had not occurred rendered the state law computer crime claims against the mayor and the police officers moot.

Appellate Information

• Decided 06/29/2007
• Published 06/29/2007

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, HOWARD, Circuit Judge, and SAYLOR, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Leon A. Blais with whom Blais and Parent was on brief for appellants.


• For Appellees:
  
• Marc DeSisto with whom DeSisto Law, Elizabeth McDonough Noonan and Adler Pollock & Sheehan, P.C. were on brief for appellees.