Where a plaintiff employee of the Boston Police Department was demoted following his acceptance of a position on the Massachusetts Peace Officer Standards and Training Commission, the plaintiff’s complaint must be dismissed because it does not set forth adequate factual allegations to state a claim for relief for First Amendment retaliation or for violation of the Massachusetts Civil Rights Act.
In this action, Eddy Chrispin (‘Chrispin’), a sergeant detective and former deputy superintendent of the Boston Police Department (‘BPD’), brings claims against BPD’s commissioner, Michael Cox (‘Cox’), under the First Amendment and the Massachusetts Civil Rights Act, challenging Cox’s demotion of Chrispin from BPD’s Command Unit following Chrispin’s acceptance of a position on the Massachusetts Peace Officer Standards and Training Commission (‘POST’). …
… Here, the only conduct pleaded in the complaint as a cause of Chrispin’s demotion is his acceptance of the POST appointment. … The dispositive issue is thus whether Chrispin’s acceptance of the POST appointment was protected by the First Amendment. …
Here, Chrispin has not pleaded an act with ‘sufficient communicative elements to constitute expressive conduct protected by the First Amendment.’ …
Chrispin next argues that his associational rights under the First Amendment protect his right to join POST. … The Court disagrees. Appointment to a government office such as POST is different from membership in a private political...
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