including the appointment of police chief. Id. Thus far, there has been no indication that other provisions of the charter (or any other source of law) subject the Town Manager’s personnel decisions to any type of review within the municipality. To the contrary, the record evidence discussed above indicates the autonomy the Town Manager enjoys in making these decisions. Moreover, the Town has not refuted Putnam’s claim that the Town Manager has final policymaking authority and neither party has addressed the requirements of that element. PL’s Mem. at 16-17. Accordingly, given the evidence in the record, this Court finds that the absence of final policymaking authority has not been established as matter of law. LaSota v. Town of Topsfield, 979 F.Supp. 45, 49 (D.Mass.1997) (Gertner, J.) (<HOLDING>) (emphasis added). Finally, Putnam has cited
holding that the court may cut off discovery prior to a ruling on a motion for summary judgment where the record indicates that further discovery will not likely produce facts necessary to defeat the motion holding plaintiffs allegations defendant acted under col or of state law to violate rights secured by the fourteenth amendment are sufficient to defeat summary judgment of plaintiffs section 1983 claim holding that pure issue of law is preserved by motion for summary judgment and is reviewable after final judgment holding that where record is not fully developed evidence that officials likely had final policymaking authority under state law sufficient to defeat summary judgment recognizing that nonmoving party must present affirmative evidence  to defeat summary judgment