Apr 8 2016

Courtroom Success 2016-12: Springfield Partner Carole Lynch & Associate Denise M. Tremblay

Springfield Partner Carole Lynch and Associate Denise M. Tremblay recently obtained summary judgment in the United States District Court for the District of Massachusetts. The plaintiff, a former director of our client—the board of trustees of a municipal library—alleged that the Board violated his 1st Amendment rights (under 42 U.S.C. § 1983) by retaliating against him in pursuing termination of his employment and breached his contract of employment. The plaintiff voluntarily dismissed his claim for violation of the Massachusetts Civil Rights Act, M.G.L. c. 12, after receiving the motion for summary judgment. The judge ruled in favor of our client on the 1st Amendment claim on the grounds that the Board did not act under color of state law as its members were not “state actors.” In the alternative, the Court held that the Board was entitled to qualified immunity. The Court also entered judgment on the breach of contract claim.

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