United States Court of Appeals
                     For the First Circuit


No. 17-2033

                        SCOTT L. HEAGNEY,

                      Plaintiff, Appellee,

                               v.

                LISA A. WONG; CITY OF FITCHBURG,

                     Defendants, Appellants,

               BADGEQUEST, INC.; STEPHAN UNSWORTH,

                           Defendants.


          APPEAL FROM THE UNITED STATES DISTRICT COURT
                FOR THE DISTRICT OF MASSACHUSETTS

         [Hon. Timothy S. Hillman, U.S. District Judge]


                             Before

                Torruella, Thompson, and Barron,
                         Circuit Judges.


     Leonard H. Kesten, with whom Judy A. Levenson, Deidre Brennan
Regan, and Brody, Hardoon, Perkins & Kesten, LLP were on brief,
for appellants.
     Nicholas B. Carter, with whom Joseph M. Cacace and Todd &
Weld LLP were on brief, for appellee.
February 11, 2019
            BARRON, Circuit Judge.          This case concerns a suit that

Scott Heagney, a past applicant for the position of the police

chief of Fitchburg, Massachusetts, brought against the City of

Fitchburg ("Fitchburg") a