WHALEN v. MASSACHUSETTS TRIAL COURT

No. 04-1976.

397 F.3d 19 (2005)

James M. WHALEN, Plaintiff, Appellant, v. MASSACHUSETTS TRIAL COURT; William W. Teahan, Jr., Robert F. Kumor, Barbara A. Dortch-Okara; Robert E. Fein, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 4, 2005.


Attorney(s) appearing for the Case

Harvey A. Schwartz with whom Laurie Frankl and Rodgers, Powers & Schwartz LLP were on brief for appellant.

Charles M. Wyzanski, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief for appellees.

Before TORRUELLA, Circuit Judge, COFFIN and STAHL, Senior Circuit Judges.


COFFIN, Senior Circuit Judge.

In September 2002, the Springfield (Massachusetts) District Court was obliged to lay off three of its nine assistant clerks because of a budget deficit. Appellant James Whalen, who had held his position since 1989, was one of the clerks chosen for layoff. He subsequently brought a federal civil rights suit against the Massachusetts Trial Court and four individuals, claiming that his procedural due process rights had been violated because...

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