Rivera-Lugaro v. Rullan
This text of 103 F. App'x 680 (Rivera-Lugaro v. Rullan) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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)
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103 F. App'x 680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rivera-lugaro-v-rullan-ca1-2004.