United States First Circuit

Dismissal of plaintiff's 1983 action alleging defendant-town deprived plaintiff of a constitutionally protected property interest in his right to be recalled to employment without due process of law is vacated and remanded, where: 1) the district court was correct that plaintiff's complaint alleged a protected property interest in his recall right; 2) plaintiff's uncontested allegation that he received no notice either before or after the defendant-town deprived him of a protected property interest in employment is in itself sufficient to state a procedural due process claim under section 1983; and 3) the district court erred in its conclusion that plaintiff's potential recourse to state law foreclosed his section 1983 claim.

Appellate Information

• Decided 05/21/2013
• Published 05/21/2013

Judges

• LIPEZ

Court

• United States First Circuit

Counsel