United States First Circuit

In a 42 U.S.C. Section 1983 action alleging plaintiff's suspension from work was politically motivated and violated his rights under the First Amendment, dismissal is affirmed over claims that the district court erred by: 1) "not tak[ing] into consideration the [allegation] that at least one discrete act had occurred within the statute of limitations"; 2) by failing to consider a purported retaliation claim, which was not time barred; and 3) by relying on case law that was "clearly inapplicable" to conclude that plaintiff's administrative filing did not toll the statute of limitations.

Appellate Information

• Decided 08/06/2008
• Published 08/06/2008

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, LIPEZ and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Marie Elsie López-Adames and Gonzáles-López & López-Adames on brief for appellants.


• For Appellees:
  
• Salvador J. Antonetti-Stutts, Solicitor General, Rosa Elena Perez-Agosto, Assistant Solicitor General, Mariana D. Negrón-Vargas, Deputy Solicitor General, and Maite D. Oronoz-Rodríguez, Deputy Solicitor General, on brief for appellees.