News & Results
Gray v. Cummings, 917 F.3d 1 (1st Cir. 2019) (First Circuit affirmed U.S.D.C.’s dismissal of mentally ill patient’s alleged claim of excessive force by law enforcement).
Summers v. Fitchburg, 940 F.3d 133 (1st Cir. 2019) (First Circuit affirmed U.S.D.C.’s entry of summary judgment for the City in ADA and Fair Housing Act violations related to housing codes).
Heagney v. Wong, 915 F.3d 805 (1st Cir. 2019) (after a jury awarded the plaintiff $2.3 million dollars in damages, the First Circuit reversed the award entirely, remanding the case in favor of the City and its former Mayor).
Angiuoni v. Town of Billerica, 838 F.3d 34 (1st Cir. 2016) (on appeal after a jury found in favor of the defendant client, the First Circuit adopted the burden of proof analysis advanced by the firm and affirmed the favorable verdict).
Hunt v. Massi, 773 F.3d 361 (1st Cir. 2014) (First Circuit upheld finding of qualified immunity in case of hand cuffing arrestee). *This ruling is often cited in cases and treatises on the “clearly established” prong of an immunity analysis.
McGrath v. Tavares, 757 F.3d 20 (1st Cir. 2014) (First Circuit upheld use of force against fleeing suspect who refused to stop and respond to police commands). *Cited in cases and treatises, including 38 Am. Jur. Trials 493, regarding use of force.
MacDonald v. Town of Eastham, 745 F.3d 8 (1st Cir. 2014) (First Circuit upheld finding of qualified immunity in case of warrantless entry based on emergency aid exception). *Cited in many cases and treatises, including 15 Am. Jur. 2d Civil Rights § 114.
Gianfrancesco v. Town of Wrentham, 712 F.3d 634 (1st Cir. 2013) (First Circuit upheld that proprietor of tavern failed to state substantive dueprocess claim for retaliation based on his opposition to client town policies).*Cited in 18 Mass. Prac., Municipal Law and Practice § 14.1 (5th ed.)
Cordi Allen v. Conlon, 494 F.3d 245 (1st Cir. 2007)*Seminal case frequently cited for its discussion and holding regarding an equal protection “class of one” claim. Cited in many cases and treatises, including 18 Mass. Prac., Municipal Law and Practice, § 14.1 (5th ed.).
Mongeau v. City of Marlborough, 492 F.3d 14 (1st Cir. 2007), cert. denied, 128 S.Ct. 82 (2008)(First Circuit issued favorable opinion, expounding on the “shocks-the-conscious” standard as it applies to substantive due process claims brought in context of land-use). *Cited in many cases and treatises, including18 Mass. Prac., Municipal Law and Practice § 14.1 (5th ed.).
Porto v. Tewksbury, 488 F.3d 67 (1st Cir. 2007), cert. denied, 128 S.Ct. 510 (2007)(First Circuit upheld U.S.D.C.’s ruling that the Town was not liable under Title IX for student-on-student sexual harassment). *This case is frequently cited for the proposition that a claim that the school system could or should have done more is insufficient to establish deliberate indifference in TitleIX.
Jarrett v. Town of Yarmouth, 331 F.3d 140 (1st Cir. 2003), cert. denied 540 U.S. 1017 (2003) (First Circuit upheld officer’s use of police dog to effectuate a stop of fleeing suspect). *Cited in many cases and treatises, including 31 Mass. Prac., Federal Civil Rights Act, § 13.19 (3d ed.)
Nieves v. McSweeney, 241 F.3d 46 (1st Cir. 2001) (First Circuit held that warrantless arrests cannot form the basis of a malicious prosecution claim where the arrests did not constitute the initiation of proceedings against them). *Cited in many cases and treatises, including 62Am. Jur. Trials § 547.
Cuddyer v. Stop and Shop Supermarkets, 434Mass. 521 (2001) *Cited as the seminal case to address the continuing violation doctrine in Massachusetts.