United States Third Circuit

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Montone v. City of Jersey City, 11-2990

Summary judgments in favor of defendants on plaintiffs' claims of retaliation for the exercise of First Amendment rights and discrimination when they were denied promotions to lieutenant, are vacated and remanded, where: 1) on plaintiff Montone's political affiliation claim, the district court misapplied the summary judgment standard by weighing evidence and drawing inferences against plaintiff Montone, even after acknowledging that she presented sufficient evidence to show that the reasons proffered defendants for her non-promotion may have been pretextual, improperly dismissed evidence of a culture of political patronage in Jersey City, and erred in granting summary judgment based upon evidence of the promotion of another mayoral supporter; 2) on plaintiff Montone's First Amendment retaliation claim, the district court erred by concluding that her gender discrimination complaints did not involve matters of public concern; 3) the Astriab plaintiffs have standing; and 4) on the the Astriab plaintiffs' claims of retaliation, there is a genuine issue of material fact as to whether plaintiff Montone's political conduct was a motivating factor in the defendants' decision not to promote the Astriab plaintiffs.

Appellate Information

  • Decided 03/08/2013
  • Published 03/08/2013

Judges

  • VANASKIE

Court

  • United States Third Circuit

Counsel

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