Civil rights action against a mayor for disability harassment and retaliation
Barton v. Clancy, 08-2479, concerned a challenge to the district court's grant of defendant's motion for summary judgment in plaintiff's suit against a mayor for disability harassment and retaliation based on the exercise of his First Amendment rights, arising from an ongoing conflict between the mayor and plaintiff, a retired firefighter.
Barton v. Clancy, 08-2479, concerned a challenge to the district court's grant of defendant's motion for summary judgment in plaintiff's suit against a mayor for disability harassment and retaliation based on the exercise of his First Amendment rights, arising from an ongoing conflict between the mayor and plaintiff, a retired firefighter.
In affirming, the court held that the district court properly granted
summary judgment as to the state law disability harassment claim, which
arises from the mayor's persistent public criticism of plaintiff
following his appointment as basketball coach, as the mayor was not
plaintiff's employer for purposes of the coaching job. The court also
held that, although a few Massachusetts decisions have imposed liability
for workplace harassment on defendants who were not the plaintiff's
employer, none have imposed liability on a non-employer where the
alleged harasser was never physically present on the plaintiff's work
site and none of the alleged harassing acts occurred at the plaintiff's
workplace. The court held that the district court properly granted
summary judgment as to the First Amendment claim as the mayor's refusal
to appoint plaintiff to the Parks Commission in retaliation for the
exercise of his First Amendment rights was not a violation of clearly
established law. Lastly, the court held that the mayor is entitled to
qualified immunity on plaintiff's First Amendment claim based on
retaliatory harassment because it cannot be said that a reasonable
official in the mayor's shoes would have understood that his conduct
violated plaintiff's constitutional rights.
Related Link:
Related Link:
- Read the First Circuit's Full Decision in Barton v. Clancy, 08-2479
