Where a plaintiff has filed a 42 U.S.C. §1983 complaint relating to his employment with the Winthrop police, a motion to dismiss that claim should be denied with respect to the defendant police chief and the codefendant town manager in their individual capacities, as the plaintiff has plausibly alleged retaliation in violation of Title VII, which can serve as the predicate federal rights violation for §1983 liability.
“Plaintiff Ferruccio A. Romeo (‘Romeo’) has filed this lawsuit against Defendants Town of Winthrop (the ‘Town’), Terence M. Delehanty (‘Delehanty’), and Austin Faison (‘Faison’) (collectively, ‘Defendants’) alleging a variety of federal and state law claims relating to his employment as a Winthrop Police Sergeant. … Defendants have moved for dismissal only as to Counts I–III, D. 23, which allege 42 U.S.C. §1983 liability for violating Romeo’s federal rights (Count I), violations of the Americans With Disabilities Act (‘ADA’) (Count II), and violations of the Family and Medical Leave Act (‘FMLA’) (Count III) against all Defendants, D. 22. For the reasons stated below, the Court allows Defendants’ partial motion to dismiss as to Count I, but only as to the claims against the Town, and Delehanty and Faison in their official capacities; Count II; and Count III. … The Court otherwise denies Defendants’ partial motion to dismiss, … and the case will proceed on the remainder of Count I and the other remaining claims, Counts IV–IX. …
“Here, there is no plausible...
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