ALSTON v. TOWN OF BROOKLINE

No. 20-1434.

997 F.3d 23 (2021)

Gerald ALSTON, Plaintiff, Appellant, v. TOWN OF BROOKLINE et al., Defendants, Appellees, Jesse Mermell, in her individual and official capacities, Defendant.

United States Court of Appeals, First Circuit.

May 7, 2021.


Attorney(s) appearing for the Case

Brooks A. Ames , with whom Brookline Justice League, was on brief, for appellant.

Sophia Hall , Chicago, Cook County, IL, Robyn Maguire , Washington, DC, Alison Casey , Boston, MA, and Nutter McClennen & Fish LLP, on brief for Lawyers for Civil Rights, The Boston Society of Vulcans of Massachusetts, and The Charles Hamilton Houston Institute for Race and Justice, amici curiae.

Joseph A. Padolsky , with whom Patricia Correa , Douglas I. Louison , and Louison, Costello, Condon & Pfaff, LLP, were on brief, for appellees.

Before Lynch and Selya, Circuit Judges, and Laplante, District Judge.


A voicemail message, containing a crude and highly charged racial slur, sparked a controversy that rocked the tony town of Brookline, Massachusetts (the Town). On December 1, 2015, the controversy spilled over into the federal district court: plaintiff-appellant Gerald Alston, the recipient of the voicemail message, filed this...

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