Court dismisses lawsuit by Fall River police captain against former chief Paul Gauvin, City of Fall River

A federal judge has dismissed a lawsuit filed by Fall River Police Captain Gil Costa against the City of Fall River and Police Chief Paul Gauvin, ruling that Gauvin is protected by qualified immunity.

In a decision released on Wednesday, U.S. District Judge Denise Casper granted summary judgment to the defendants on all claims, effectively ending Costa’s case.

Costa, a longtime Fall River police officer hired in 1989, alleged that he faced retaliation after speaking out at a May 18, 2021 union meeting. At the meeting, Costa raised concerns that then-Captain Paul Gauvin was improperly awarding extra compensatory time to himself and detectives in the Major Crimes Division, beyond what was allowed under the union contract.

Costa claimed that after raising the issue, Gauvin, who later became police chief, bypassed him for multiple captain promotions in 2022 and 2023 in retaliation. Costa was eventually promoted to captain in March 2024, though he has said the position is less desirable than others.

Costa sued under the Massachusetts Whistleblower Act, the Massachusetts Civil Rights Act, and federal law, alleging First Amendment retaliation.

Judge Casper dismissed the state law claims after Costa did not oppose summary judgment on those counts.

On the key federal claim, that Gauvin retaliated against Costa for exercising his First Amendment rights, the court ruled in Gauvin’s favor on the grounds of qualified immunity.

“The Court concludes that, even assuming that Costa has made out a First Amendment violation in connection with the promotion decisions, Gauvin is entitled to qualified immunity because an objectively reasonable official in his position could have believed that his conduct did not violate Costa’s constitutional rights.”

While the court found that Costa was speaking as a private citizen, rather than as part of his official duties, when he raised the compensatory time issue at the union meeting, it concluded that a reasonable police chief in Gauvin’s position could have believed Costa’s comments were made in his capacity as a public employee. Because the law was not clearly established at the time, Gauvin could not be held personally liable.

The ruling means Costa’s lawsuit has been dismissed in its entirety. Chief Gauvin cannot be held personally responsible for the promotion decisions, and the City of Fall River faces no liability.

Costa could still appeal the decision to the U.S. Court of Appeals for the First Circuit.

The entire details concerning the case, and the ruling, can be found below.