United States First Circuit

In an action involving allegations that a sheriff's act of suspending several correctional officers from their jobs was in retaliation for First Amendment activities, judgment and jury award for plaintiffs is affirmed over claims that: 1) the district court erroneously concluded, as a matter of law, that the First Amendment protected the plaintiffs' speech; 2) no reasonable jury could have found that plaintiffs' punishments were in retaliation for their exercise of First Amendment rights; 3) the jury's section 1983 individual capacity findings were inconsistent with findings in favor of plaintiffs on other claims; 4) the district court erroneously instructed the jury regarding the First Amendment claims; and 5) the district court erred in its evidentiary rulings and awarded excessive fees.

Appellate Information

• Decided 04/24/2008
• Published 04/24/2008

Judges

• HOWARD, Circuit Judge., Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Bruce A. Assad, Bristol County Sheriff's Office, with whom Gary W. Smith, Susan S. Riedel, and Posternak Blankstein & Lund LLP, were on brief, for appellant., Jeffrey R. Turco and Brian Knuuttila, on brief for amicus curiae Massachusetts Sheriffs' Association., Douglas I. Louison, Stephen C. Pfaff, and Merrick, Louison & Costello, LLP, on brief for amicus curiae Massachusetts Correctional Officers Federated Union., Fredric M. Knapp, Richard Weintraub, James T. Prusinowski, and Laufer, Knapp, Torzewski, Dalena & Sposaro, LLC, on brief for amicus curiae National Sheriff's Association.


• For Appellees:
  
• Philip N. Beauregard, with whom Timour Zoubaidoulline, and Law Offices of Beauregard, Burke & Franco, were on brief, for appellees.