Richard Briggs v. Town of Ashland, Cara Rossi, and Michael Herbert

Summary

The United States District Court for the District of Massachusetts considers defendants’ motion to dismiss claims arising from alleged retaliation against a municipal police lieutenant who raised concerns about an internal-affairs investigation. The court concludes that the plaintiff’s speech was made pursuant to his official employment duties and therefore was not protected speech under the First Amendment. The court grants dismissal of the federal claim and remands the remaining state-law claims to Norfolk County Superior Court.

Holdings

1. Briggs's statements to the police chief and town manager were made pursuant to his official employment responsibilities, not as a citizen, because conducting or seeking guidance concerning an internal-affairs investigation was part of the duties he was expected to perform and he communicated through the chain of command.
2. The complaint failed to state a First Amendment retaliation claim because the alleged speech was made pursuant to Briggs's official duties and therefore was not protected speech.
3. The court declined to exercise supplemental jurisdiction over the remaining state-law claims and remanded them to Norfolk County Superior Court.

Questions Presented

1. Whether Briggs's complaints to the police chief and town manager about the water-jug incident and the proposed internal-affairs investigation were speech made as a citizen on a matter of public concern and thus protected by the First Amendment.
2. Whether the complaint stated a viable First Amendment retaliation claim under 42 U.S.C. § 1983.
3. Whether the district court should exercise supplemental jurisdiction over the remaining Massachusetts-law claims after dismissing the sole federal claim.

Disposition

remanded