Appellate Law

CA1: 1983 case goes away with nexus

By S. COTUS

Gagliardi v. Sullivan, No. 06-2680 affirms the dismissal of a 42 U.S.C. § 1983 action based on the loss of a position on Merrimack Valley Workforce Investment Board  when the board didn?t achieve the state certification.  Even though it seems that the Board had made statements critical of the mayor, there is no indication that the Mayor actually decertified the board.  (Though there are indications that the Mayor didn?t like the plaintiff for things he said.)  So, a 1st amendment claim fails.  A due process claim fails because the plaintiff only appeals the part of the dismissal regarding the town and mayor, and, if anything the state officials were the ones that took away his property interests. 

Full post as published by Appellate Law and Practice on January 18, 2008 (boomark / email).