Diaz-Bigio v. Santini, No. 09-2575 (1st Cir. 2011)
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A medical social worker at the Health Department of San Juan sued the municipality and officials under 42 U.S.C. 1983, alleging that they fired her in retaliation for statements she made on matters of public concern in violation of the First Amendment. The district court denied the individual defendants summary judgment on grounds of qualified immunity. The First Circuit reversed. Defendants could have reasonably concluded that they did not have the necessary confidence and trust in plaintiff to continue her employment and that firing her would not violate her First Amendment rights: the city investigated plaintiff's much publicized allegations of serious improprieties by the executive director of her department, she refused to provide testimony or evidence to corroborate her claims, the investigation determined that the claims were false and baseless, and her actions were found to violate state and local regulations.
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