Where a police officer brought suit contending that the town of Lexington and its former police chief intentionally interfered with his efforts to gain employment elsewhere, a grant of summary judgment in favor of both defendants should be affirmed because no reasonable jury could find that the Bentley Police Department’s stated reason for denying the plaintiff employment was pretextual.
“This appeal arises out of a suit filed by plaintiff-appellant Salvatore Mirabella, Jr., a former police officer, against the town of Lexington, Massachusetts (the Town) and its retired chief of police, Mark Corr. Mirabella contends that the defendants denied him due process in the termination proceedings that ended his affiliation with the Town’s police department and that they intentionally interfered with his efforts to gain employment elsewhere. The district court entered summary judgment for the defendants on all of Mirabella’s claims. …
“Our dissenting colleague maintains that the summary judgment record reveals a genuine dispute of material fact as to whether the reason stated by the Bentley Police Department (BPD) for refusing to hire Mirabella was pretextual. In a nutshell, our dissenting colleague insists that a reasonable jury could find that BPD did not deny Mirabella employment because he prevented BPD investigators from completing a required component of their background check (as BPD has stated) but, rather, denied him employment because BPD wanted no part of him...
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