Articles Posted in US Court of Appeals for the First Circuit

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This appeal arose out of the state prosecution of Vladek Filler for five counts of gross sexual assault and two counts of assault. After two trials and two appeals Filler was convicted only of one misdemeanor assault count. Filler subsequently filed a civil action against several defendants under 42 U.S.C. 1983 for malicious prosecution, including a claim against the prosecuting attorney, Mary Kellett, for malicious prosecution. Kellett filed a motion to dismiss Filler’s malicious prosecution claim for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6), alleging, among other claims, that she was entitled to absolute prosecutorial immunity. The district court concluded that Kellett was entitled to absolute immunity for actions associated with the judicial phase of the criminal process but denied the rest of Kellett’s motion to dismiss. Kelley brought an interlocutory appeal from the district court’s order. The First Circuit dismissed the appeal for lack of jurisdiction, holding that that, while Filler’s claim against Kellett was not clearly foreclosed by absolute immunity, the court had no jurisdiction to entertain the immunity issue. View "Filler v. Kellett" on Justia Law

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In this design-defect product-liability case, the district court did not abuse its discretion in dismissing the case for Plaintiff's failure to prosecute and to comply with scheduling orders. Plaintiff brought this action against Defendants. Plaintiff served no discovery before the discovery deadline, and Plaintiff’s counsel did not at the outset retain an expert. Defendants filed a motion for summary judgment arguing that the absence of any expert testimony was fatal to Plaintiff’s case. The district court subsequently granted Plaintiff’s request to reopen discovery, set a new expert-disclosure deadline and other requests for time extensions without any sanction. After the extended deadline for filing an opposition to the motion for summary judgment came without Plaintiff’s opposing the motion, the district court dismissed the case for failure to prosecute and failure to comply with scheduling orders. The district court denied Plaintiff’s motion for reconsideration. The First Circuit affirmed. View "McKeague v. One World Technologies, Inc." on Justia Law

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The district court properly granted summary judgment in favor of Defendant in this design defect and failure to warn action. Bernardino Santos-Rodriguez was riding in a boat when a corroded rod end that was part of the boat’s steering mechanism failed, resulting in a loss of steering and ejecting Santos from the boat. Santos sustained extensive injuries. Santos and four relatives sued Seastar Solutions, the manufacturer of the boat’s steering mechanism, alleging a design defect and a failure to warn. The district court granted summary judgment in favor of Seastar. The First Circuit affirmed, holding (1) Santos could not prove that any failure to warn or design defect in the steering rod caused his injuries; and (2) because the district court properly granted summary judgment on Santos’s underlying claims, his relatives’ derivative claims cannot succeed. View "Santos-Rodriguez v. Seastar Solutions" on Justia Law

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A corrections officer used the name of Joel Diaz-Nieves to shield his identity when participating in a controlled buy of fake cocaine. Joel lived with his parents and brother when FBI agents executed an arrest warrant at his home. After the indictment against Joel was dismissed, Joel and his family filed a complaint alleging that, as a result of Joel’s arrest, they suffered damages and injuries compensable under the Federal Tort Claims Act. The district court granted partial summary judgment in favor of the United States and dismissed Joel’s false arrest, false imprisonment, and malicious prosecution claims. The court further dismissed the derivative and independent tort claims of Joel’s relatives under Fed. R. Civ. P. 12(c). The First Circuit affirmed, holding that the district court did not err in granting partial summary judgment for the government and entering judgment on the pleadings. View "Diaz-Nieves v. United States" on Justia Law