Professional Documents
Culture Documents
Murray v. Menino, 1st Cir. (1996)
Murray v. Menino, 1st Cir. (1996)
No. 96-1848
JAMES A. MURRAY,
Plaintiff, Appellant,
v.
CITY OF BOSTON,
Defendant, Appellee.
____________________
____________________
Before
____________________
whom
Krisna M.
Mer
_______________
______________________________
___
PER CURIAM.
Plaintiff James
Murray appeals
from
PER CURIAM
against
under
42 U.S.C.
the City of
1983 and
Murray
the Massachusetts
Menino
Civil Rights
11I ("MCRA").
alleges that,
in 1992,
he was
terminated
terminated
from his
Boston
Seniority,
__________________
subsequent position
Commission
publication.
Murray
March 1994.
Murray alleges
were
punishment
for
resigned from
for
as a
reporter for
Elderly
the latter
position in
expressing
his
Affairs
political
actions
beliefs,
specifically for
Council in
1991 and
for
defendants
on all
claims.
Murray
to the City.
appeals
the
under
only from
municipal liability
judgment on that
claim.1
to show that
____________________
1.
Defendant also
terminated
and that,
retaliation, much
views.
We find
on the
less for
merits, he
has not
shown any
the expression of
his political
arguments but
-22
he was subject to
necessary
element of claims
coercion, a
we also affirm
under
1983, Murray
government's policy
must
show that
the
"execution of
by lawmakers or
official
injury."
Monell
______
v. New York
________
691.
The theory
Id. at
___
permanent
and well
settled as
marks omitted)).
formal
act or
a 'custom
U.S. 144,
167-68 (1970)(internal
Murray does
written policy
policy of retaliation.
to constitute
which embodies
or
v. S.H.
____
quotation
there is
the so-called
"anyone in
policy."
(1988).
custom
of punishing
city
employees
an informal policy or
who express
political
This
requirements for
court
had
said
that
plaintiffs to meet in
there
are
"two
maintaining a
1983
-33
First,
the
custom or
attributable
.[I]t
to
must
be
widespread
practice
must be
the
municipality. .
so
well-settled
that
the
.
and
policymaking
have
either
knowledge
of it
the
practice.
have
been the
force
actual or
constructive
behind
the
to end
custom must
and
the moving
deprivation
of
constitutional rights.
support
his
claim
that
there
is
here, to
"well-settled
and
widespread" custom.
usually
municipal
But evidence of a
insufficient,
"custom
in
and
and
single occurrence is
of itself,
usage."
to
St. Hilaire
____________
establish
v.
City of
________
Ct.
2548
(1996);
Mahan
_____
v.
Plymouth County
House of
____________________________
Murray tries
"custom" by pointing
States District
one
complaint
to three lawsuits
filed
before
the
____________________
filed in the
United
of Massachusetts and
Massachusetts
Commission
2.
We
assume
proffered
City
arguendo
________
by Murray
that
the
deposition
constitute admissible
transcripts
evidence.
The
See Garside
___ _______
-44
There is
and
one
administrative
allegations comparable
complaint,
even
if
each
made
to show a
custom with
not
comparable to
similar
the
allegations
opposition
to the
of
present action
and
do not
retaliation
because
of
incumbent
candidate
allege
than
office
for office.
a broader
None of
the
of retaliation,
against
against incumbent
settings he proffers do
political
theory
just retaliation
administration.
involve
city
encompassing more
city employees
officials,
the
who run
for
other
fact
there is
These
claims involve
diverse
city agencies,
and
the employment
actions at issue.
of due process
One
in how
termination following
one alleges
to
sexual harassment,
policymaker.
even the
link
alleges
and one
attempt
terminated, one
denial
these
harassment.
various
broader category of
alleges retaliation
claims
to
central
a "custom"
-55
Murray makes no
of punishing
city
employees
for expression,
in any
form, of
political views
render the
with the
"custom" requirement
meaningless.
In
contrast
credited proof,
from witnesses
particular
period of
city
with first
hand knowledge
officials who
repeatedly
of a practice
engaged,
of
over a
behavior.
at 1156.
As
we said in
Mahan, plaintiff "has not brought his case near the Bordanaro
_____
_________
ch.
12,
11I,
interference
or
plaintiff
must
prove
attempted interference
that
the
with rights
N.E.2d 333,
context involves
the
to make
of
was by
deterring
alleged
"[t]hreat" in this
or harm.
L.
purpose of compelling or
conduct. . .
coercion
[is]
"the
. [A] definition
application
to
another of such
or
moral,
as
force, either,
to
constrain
physical
him to
something he would
do
not
have done."
-66
Blake,
_____
631
N.E.2d 985,
990
(Mass.),
cert. denied,
_____________
citations omitted).
court
could
115
188
(1994)
(internal
conclude that
intimidation, or
S. Ct.
he
coercion" of
was
subjected to
this nature.
"threats,
Therefore, his
-77