United States First Circuit

In a suit alleging gender discrimination and retaliation against a U.S. Marshal, judgment for defendant is vacated and remanded for a new trial where: 1) the district court's finding in a mixed motive discrimination case that there was gender discrimination required it to find liability on the part of the government on any timely claim; 2) the court was also incorrect in its determination that certain evidence could be used only with respect to plaintiff's retaliation claim; and 3) the court incorrectly interpreted and applied the law of retaliation.

Appellate Information

• Decided 03/11/2008
• Published 03/11/2008

Judges

• LYNCH, Circuit Judge., Before TORRUELLA, LYNCH, and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Indira Talwani with whom Segal Roitman was on brief for appellant.


• For Appellees:
  
• Stephanie R. Marcus, Attorney, Appellate Staff, Department of Justice, Civil Division, with whom Peter D. Keisler, Assistant Attorney General, Glenn T. Suddaby, United States Attorney, William H. Pease, Assistant United States Attorney, and Marleigh D. Dover, Attorney, Appellate Staff, Department of Justice, Civil Division were on brief for appellee.