BOSTON (AP) - A federal judge has ruled in favor of a Massachusetts town in a civil rights lawsuit and granted a request for a summary judgment, court papers indicate.
Former Brookline Fire department firefighter Gerald Alston alleged that he was retaliated against and fired for objecting to the promotion of a supervisor who used a racial slur on a voice message, The Boston Globe reported.
In the voice message then-Lieutenant, Paul Pender used the slur in reference to another driver following a traffic incident while in the car with his son, according to the Civil Service Commission’s decision.
Pender apologized and was suspended before being promoted.
An attorney for Alston said he will appeal Thursday’s decision by Judge George A. O’Toole Jr. to resolve the suit without a full trial.
“We’re committed to continuing to prosecute this case,” said Brooks Ames, an attorney for the Brookline Justice League, which represents Alston. “We don’t think Judge O’Toole fairly considered all the evidence in this case, and we’re looking forward to getting in front of the First Circuit.”
O’Toole wrote in his ruling that Alston failed to present “direct evidence of racial discrimination,” and that the defendants presented legitimate reasons for termination.
Brookline Town Administrator Mel Kleckner announced the ruling in a statement on Thursday but did not comment.
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