Justia U.S. 1st Circuit Court of Appeals Opinion SummariesArticles Posted in Aerospace/Defense
Air Sunshine, Inc.v. Carl
The airline sued federal employees, including an FAA principal maintenance inspector, claiming that intentional and improper delays with respect to inspections and certifications substantially destroyed its business. The district court dismissed most claims, but did not dismiss "Bivens" claims of violation of procedural due process rights and of retaliation for protected First Amendment activity. The First Circuit reversed, holding that the allegations were not sufficient to support denial of qualified immunity.