United States First Circuit

In a lawsuit filed against the Chief of Police and the Town on the grounds that defendants impermissibly retaliated against plaintiff for exercising his First Amendment rights, grant of summary judgment in favor of defendants is reversed in part and affirmed in part where: 1) plaintiff's non-reappointment constituted an adverse employment action sufficient to support a section 1983 claim; 2) district court properly granted summary judgment in favor of co-defendants because defendant was the only one with the appointment authority; 3) plaintiff failed to explain how defendants' actions resulted in unreasonably inferior work conditions; 4) defendants' argument that plaintiff's First Amendment claim failed; 5) the district court erred in placing the burden on plaintiff to show that the reasons articulated by defendant were pretextual; 6) liability can be imposed for defendant's decision not to reappoint plaintiff; 7) plaintiff's whistleblower claims survived since there was a question as to whether he was not reappointed because of his involvement in the grand jury investigation; and 8) district court erred in concluding that plaintiff could not maintain an action for interference with advantageous relations.

Appellate Information

• Decided 09/23/2008
• Published 09/23/2008

Judges

Court

• United States First Circuit

Counsel