Gareth Notis Wins First Circuit Appeal in a Civil Rights and Wage Act Matter

Morrison Mahoney partner Gareth Notis won a First Circuit appeal in a civil rights employment dispute.  The plaintiff, a firefighter, brought suit pursuant to 42 U.S.C. § 1983 against his employer, a Town, and its Fire Chief alleging a violation of his constitutional right to practice religion under the Free Exercise Clause of the First Amendment due to certain discipline he received.  In addition, he alleged the Town violated the Massachusetts Wage Act, M.G.L. c. 149, § 148.  The plaintiff appealed the decision of the District Court granting summary judgment in favor of our clients on all counts in the complaint.  The First Circuit affirmed the District Court’s decision in all respects.  The First Circuit agreed that a neutral directive by the Fire Chief was not intended to coerce the plaintiff into violating sincere religious principles and that the facts were insufficient to establish a violation of the plaintiff’s constitutional right.  The First Circuit also affirmed the dismissal of the Wage Act claim.