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JORDAN v. CARTER

No. 05-1195.

428 F.3d 67 (2005)

Ronald JORDAN, Robert Mackay and the MBTA Police Patrolman's Union, Plaintiffs, Appellees, v. Joseph C. CARTER, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 4, 2005.

Attorney(s) appearing for the Case

Mark W. Batten, with whom Proskauer Rose LLP was on brief, for appellant.

James W. Simpson, Jr., with whom Douglas I. Louison and Merrick, Louison & Costello, LLP, were on brief, for appellees.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and HOWARD, Circuit Judge.

COFFIN, Senior Circuit Judge.

Appellant Joseph C. Carter is chief of the Massachusetts Bay Transit Authority (MBTA) police department. Two officers (plaintiffs-appellees) sued Carter in both his individual and official capacities, alleging, inter alia, that he violated their First Amendment rights by disciplining them for comments they made to each other and to other officers about various police department matters. As part of a motion seeking judgment on the...

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