United States First Circuit

In a case involving employment actions by the county sheriff, denial of defendant's motion for summary judgment based on qualified immunity is affirmed where: 1) stripping plaintiff's of their commission constituted an adverse employment action as it constricted their responsibilities and reduced earning capacity; 2) it was clearly established when the defendant acted that she could not deprive a jail officer of his commission out of political animus; and 3) no reasonable public official could have thought that she could decommission those who opposed her political aspirations while leaving political supporters free to enjoy the earning benefits of being commissioned.

Appellate Information

• Decided 03/09/2009
• Published 03/09/2009

Judges

• SELYA, Circuit Judge., Before LYNCH, Chief Judge, SELYA and SILER, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Ellen M. Caulo, Deputy General Counsel, Suffolk County Sheriff's Department, for appellant.


• For Appellees:
  
• Stephen C. Pfaff, with whom Louison, Costello, Condon & Pfaff, LLP was on brief, for appellees.