Looney v. Marlborough et al, No. 11-3486 (2d Cir. 2012)Annotate this Case
Plaintiff, Building Official for the Town of Marlborough from 1994-2010, sued the Town, as well as its Board of Selectmen, under 42 U.S.C. 1983, alleging that he was deprived of his procedural due process and free speech rights when his position was reduced from full to part time after he made certain statements regarding the use of wood-burning stoves. The court held that the district court erred in determining that Selectmen Black was not entitled to qualified immunity as to plaintiff's Fourteenth Amendment procedural due process claim, as plaintiff had not adequately alleged that he had a constitutionally protected property right in full-time employment. The court also held that the district court erred in determining that the Selectmen defendants were not entitled to qualified immunity as to plaintiff's First Amendment claim, as plaintiff did not adequately allege that he spoke in his capacity as a private citizen. Accordingly, the court reversed and remanded.