United States First Circuit

In a 42 U.S.C. section 1983 action alleging that defendants violated plaintiff's rights to equal protection when he was fined under a local land use ordinance for his use of his property after he fired an employee who was also a member of defendant's city council, the district court's denial of two individual defendants' motions for summary judgment is reversed and remanded, where: 1) plaintiff cannot prevail in showing differential treatment; and 2) because the defendant municipal officials did not violate any clearly established federal law, federal law provides no basis for making said officials pay damages.

Appellate Information

• Decided 06/25/2014
• Published 06/25/2014

Judges

• KAYATTA

Court

• United States First Circuit

Counsel