Rivera-Lugaro v. Rullan
Rivera-Lugaro v. Rullan
103 F. App'x 680
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)
Case-law data current through December 31, 2025. Source: CourtListener bulk data.