MIHOS v. SWIFT

Nos. 02-2521, 03-1038, 03-1090.

358 F.3d 91 (2004)

Christy Peter MIHOS, Plaintiff, Appellee/Cross-Appellant, v. Jane SWIFT, Individually and in her Official Capacity as the Acting Governor of the Commonwealth of Massachusetts, Defendant, Appellant/Cross-Appellee, and William F. Galvin, in his Official Capacity as Secretary of the Commonwealth of Massachusetts, Defendant.

United States Court of Appeals, First Circuit.

Decided February 13, 2004.


Attorney(s) appearing for the Case

Thomas A. Barnico, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, and David R. Kerrigan, Assistant Attorney General, was on brief, for appellant.

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

Before TORRUELLA and LIPEZ, Circuit Judges, and William W. SCHWARZER, Senior U.S. District Judge.


LIPEZ, Circuit Judge.

In 2002, then-Acting Governor Jane Swift fired Christy Peter Mihos and Jordan Levy from their positions as members of the Massachusetts Turnpike Authority after both men cast votes on the timing of certain toll increases on roads and tunnels in Massachusetts. In this action, Mihos brought suit against Swift under the First and Fourteenth Amendments and 42 U.S.C. § 1983, alleging that Swift violated his First Amendment rights by removing...

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