Rivera-Lugaro v. Rullan
Opinion
Because the case arises on a motion to dismiss the complaint and not on summary judgment we must assume that facts most favorable to plaintiff within the confines of the complaint could be proved; and on such an assumption, there appear to be possible motivations for the discharge that could give rise to first amendment claims *681 under clearly established law even though the plaintiff occupied a position that could justify a discharge based upon ordinary political considerations. Accordingly, it is not possible to determine at this stage whether a claim of qualified immunity should prevail.
Affirmed. See 1st Cir. Loc. R. 27(c)
Reference
- Full Case Name
- Luisa RIVERA-LUGARO, Plaintiff, Appellee, v. Johnny RULLAN, Defendant, Appellant
- Status
- Published