Barry v. Moran, 661 F.3d 696

Seven Boston Fire Department civilian employees allege political discrimination in promotions and benefits based on association with powerful city figures; case originated in state court and was removed to federal court; district court granted summary judgment on §1983 claims and remanded state-law claims; plaintiffs allege a pattern of cronyism linked to two informal groups, the Hyde Park Group and the South Boston Group; evidence shows in-house candidates sometimes bypassed for outsiders, with some hires lacking qualifications and jobs sometimes not posted as required; most evidence points to personal connections rather than government-related political activity.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there First Amendment political-discrimination liability?	Barry asserts civil rights violation for political affiliation discrimination.	Moran/City contend record shows no political association; actions were non-political patronage.	No triable issue; no evidence of politically motivated actions.
Were the associations truly political in nature?	Associations (Hyde Park/South Boston) implied political connections.	Associations are social/personal, not related to government policy or politics.	Associations were personal; not protected political affiliation.
Did plaintiffs create a triable issue under Mt. Healthy?	Record shows discriminatory animus based on political associations.	No evidence linking hiring decisions to protected political conduct.	Record fails to show political motive; not enough to defeat summary judgment.

Padilla-Garcia v. Guillermo Rodriguez, 212 F.3d 69 (1st Cir. 2000) (two-part Mt. Healthy framework for political discrimination claims)
Elrod v. Burns, 427 U.S. 347 (U.S. 1976) (protects freedom of association in public employment)
Rutan v. Republican Party of Ill., 497 U.S. 62 (U.S. 1990) (scope of political discrimination protections in public employment)
Mt. Healthy City School Dist. Bd. of Educ. v. Doyle, 429 U.S. 274 (U.S. 1977) (two-part test for causation and alternate decision after protected conduct)
Garcetti v. Ceballos, 547 U.S. 410 (U.S. 2006) (reiterates limits of First Amendment protections for public employees)
Welch v. Ciampa, 542 F.3d 927 (1st Cir. 2008) (context for political discrimination and evidence sufficiency)
LaRou v. Ridlon, 98 F.3d 659 (1st Cir. 1996) (circumstantial evidence can support political-discrimination claims)
Acosta-Orozco v. Rodriguez-de-Rivera, 132 F.3d 97 (1st Cir. 1997) (constructive inference of animus based on association)
Anthony v. Sundlun, 952 F.2d 603 (1st Cir. 1991) (circumstantial evidence of political discrimination)
Fernandes v. Costa Bros. Masonry, Inc., 199 F.3d 572 (1st Cir. 1999) (patronage and non-discriminatory but improper hiring practices)