Judge Erred In Assigning Motive, 1st Circuit Rules

BOSTON (CN) - The 1st Circuit remanded a deputy U.S. marshal's gender discrimination and retaliation claims against Anthony Dichio, a former U.S. marshal for the District of Massachusetts, because a federal judge erred in assigning motive to Dichio's behavior.

The appeals court returned the case based on "errors of law" in U.S. District Judge William Young's finding that Dichio's hostility toward Cynthia DeCaire was motivated by his perception that she had been disloyal to him personally, not by gender animus or retaliation.

The government never claimed this theory of motivation, Judge Lynch wrote, adding that the record did not support Young's factual conclusions.

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