In plaintiff's retaliation claim under 42 U.S.C. section 1983 against a town and one of its supervisors, partial grant of defendant's motion for summary judgment regarding the First Amendment retaliation claim is reversed and remanded where plaintiff's factual allegations were sufficient to raise more than a mere possibility of unlawful First Amendment retaliation on the part of the defendants, and thus, the district court erred in granting the motion to dismiss on the pleadings as to that part of the complaint.
Argued: October 9, 2009
Decided and Filed: January 28, 2010
Opinion by Circuit Judge Clay
For Appellant: William Frank Piper, William F. Piper PLC