United States First Circuit

Grant of court's Rule 50(a) judgment for defendant-office administrator is affirmed where: 1) no reasonable fact finder could conclude that former contract medical examiner-plaintiff's critical speech regarding the Office of the Chief Medical Examiner for Massachusetts ("OCME") was the motivating factor in the termination of his employment; 2) plaintiff's employment would have been terminated regardless of his speech on a matter of public concern; and 3) defendant was entitled to qualified immunity.

Appellate Information

• Decided 08/07/2008
• Published 08/07/2008

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, O'CONNOR, Associate Justice, and TORRUELLA, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Daniel S. Sharp with whom Elaine Whitfield Sharp and Whitfield Sharp & Sharp were on brief for appellant.


• For Appellees:
  
• Mary O'Neil, Assistant Attorney General, with whom Martha Coakley, Attorney General, was on brief for appellee.