FOLEY v. TOWN OF RANDOLPH

No. 09-1558.

598 F.3d 1 (2010)

Chief Charles D. FOLEY, Jr., Plaintiff, Appellant, v. TOWN OF RANDOLPH, Massachusetts; Richard W. Wells, Paul J. Connors, William Alexopoulos in their Official Capacities; Maureen C. Kenny and James Burgess in their Individual and Official Capacities, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 10, 2010.


Attorney(s) appearing for the Case

Kevin G. Powers with whom Linda Evans and Rodgers, Powers & Schwartz LLP were on brief for appellant.

John Foskett with whom Paul R. DeRensis and Deutsch, Williams, Brooks, DeRensis & Holland, P.C., were on brief for appellees.

Before LYNCH, Chief Judge, STAHL, Circuit Judge, and DiCLERICO, District Judge.


STAHL, Circuit Judge.

Plaintiff-appellant Charles D. Foley, Jr. ("Foley"), Chief of the Fire Department in Randolph, Massachusetts, claims that the Town of Randolph and the Town selectmen ("Defendants") wrongfully retaliated against him in violation of his First Amendment rights when they suspended him for fifteen days based on public statements that he made at the scene of a fatal fire. Plaintiff brought suit pursuant to 42 U.S.C. § 1983, and the district court...

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