Rivera-Lugaro v. Rullan

First Circuit

Rivera-Lugaro v. Rullan

103 F. App'x 680

Court of Appeals for the First Circuit·Decided July 14, 2004·No. 04-1400·Published

Opinion

PER CURIAM.

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)

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PER CURIAM.

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)

Rivera-Lugaro v. Rullan, 103 F. App'x 680 (1st Cir. 2004).

Pincite

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