Justia U.S. 1st Circuit Court of Appeals Opinion Summaries

The First Circuit affirmed Defendant’s conviction of one counts of stalking in violation 18 U.S.C. 2216A, holding that Defendant’s constitutional challenge was unsuccessful, there was no error in the district court’s jury instructions, and sufficient evidence supported the conviction.On appeal, Defendant brought a First Amendment challenge to the federal anti-stalking statute, arguing that section 2261A(2)(B) is facially overbroad and a content-based restriction on speech that does not survive strict scrutiny. The First Circuit disagreed as to this issue and the remaining issues Defendant raised on appeal, holding (1) Defendant’s First Amendment challenge to the statute was unavailing; (2) the district court did not err in denying Defendant’s request for a unanimity instruction or in giving jury instructions that precisely tracked the statute’s wording; and (3) there was sufficient evidence to support Defendant’s conviction. View "United States v. Ackell" on Justia Law

The First Circuit affirmed the district court’s decision upholding the determination of the Massachusetts Bureau of Special Education Appeals (BSEA) ruling against all of Plaintiff’s claims seeking placement for her minor child in a school outside of the Boston Public Schools (BPS) system, holding that there was no basis in which to reverse the district court’s decision.Plaintiff, on behalf of her minor child, initiated this proceeding pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400 et seq. A hearing officer denied relief. The district court affirmed the BSEA’s decision. On appeal, Plaintiff raised a number of claimed errors during the hearing. The First Circuit affirmed, holding (1) the district court applied the proper standard in evaluating the minor child’s education progress; and (2) Plaintiff’s challenges to the conduct of the hearing itself did not warrant reversal of the district court’s decision. View "Johnson v. Boston Public Schools" on Justia Law

The First Circuit denied Petitioner’s application seeking permission to file a successive motion under 28 U.S.C. 2255 to vacate her conviction and sentence for possessing a destructive device during and in relation to and in furtherance of a crime of violence, holding that Petitioner’s application did not meet the requirements for certification of a successive section 2255 motion.Petitioner sought to file this successive motion in 2016 following the Supreme Court’s decision in Johnson v. United States, 135 S. Ct. 2551 (2015). Petitioner then supplemented her motion after Sessions v. Dimaya, 138 S. Ct. 1204 (2018), was decided. Petitioner hoped to argue in the district court that the rule announced in Johnson and reiterated in Dimaya rendered the definition of “crime of violence” under which she was convicted unconstitutionally void for vagueness. The First Circuit denied the application, holding that Johnson’s rule, reaffirmed in Dimaya, did not extend to Petitioner’s conviction under 924(c)’s residual clause. View "Brown v. United States" on Justia Law

In this case arising from the fatal shooting of an armed civilian by a state trooper, the First Circuit affirmed the district court’s grant of summary judgment to Defendant, holding that Defendant was entitled to qualified immunity.Qualified immunity protects public officials, including police officers such as Defendant, from civil liability while acting under color of state law, with the exception of officials who act incompetently or in disregard of clearly established legal principles. The district court concluded that, under the facts of this case, Defendant was entitled to qualified immunity. The First Circuit affirmed, holding that, under the totality of the circumstances, the district court’s entry of summary judgment in Defendant’s favor on the basis of qualified immunity was correct. View "Conlogue v. Hamilton" on Justia Law

The First Circuit vacated the district court’s denial of Defendants’ motion for a new trial based partly on a claim that one juror lied in filling out the written questionnaire given to prospective jurors prior to trial, holding that the district court’s investigation concerning the answers given by the juror was inadequate.After a jury trial, Defendants were convicted of charges arising out of a large-scale marijuana-farming operation. Defendants moved for a new trial, arguing that one juror lied in filling out a written questionnaire given to prospective jurors prior to trial. The district court denied the motion for a new trial. The First Circuit vacated the denial based on the possible bias of the juror and remanded for an evidentiary hearing, holding that the alleged bias of the juror presented a “colorable or plausible” claim of the type of juror misconduct that could require a new trial, and therefore, the district court was required to do more than it did before ruling on the new trial motion. View "United States v. Russell" on Justia Law

The First Circuit affirmed the district court’s grant of summary judgment to MVM, Inc. as to a former employee’s claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000, et seq., and related Puerto Rico laws, holding that the district court did not err in granting summary judgment as to these claims.Plaintiff, a former employee of MVM, Inc., brought a variety of federal and Puerto Rico law claims against MVM and other defendants. After dismissing several of Plaintiff’s claims, the district court granted summary judgment to MVM as to the remainder. The First Circuit affirmed the summary judgment ruling, holding that the district court did not err in granting summary judgment to MVM on Plaintiff’s hostile work environment claim, Plaintiff’s claim under Title VII that MVM had unlawfully subjected her to disparate treatment because of her gender, and Plaintiff’s claim under Title VII for retaliation. View "Bonilla-Ramirez v. MVM, Inc." on Justia Law

In this case alleging several violations of federal and state discrimination laws the First Circuit affirmed the decision of the district court denying Defendant’s motion to stay the proceedings in district court and compel arbitration, holding that the contract to arbitration in between the parties was unenforceable.Plaintiffs - several individuals and the National Federation of the Blind - filed a complaint alleging that Defendant - the Container Store, Inc. - failed to utilize tactile keypads on its point-of-sale devices in its stores that could independently be used by customers who are blind in violation of federal and state discrimination laws. Defendant moved to compel arbitration, citing an arbitration provision in the terms and conditions of a loyalty program of which the individual plaintiffs were members. The district court denied the motion. The First Circuit affirmed, holding (1) based upon the lack of evidence that the in-store plaintiffs had any knowledge that arbitration terms applied to their enrollment in the loyalty program, Defendant failed to establish that an agreement to arbitrate was consummated between it and three of the four individual plaintiffs; and (2) the district court did not err in finding that the loyalty program agreement was illusory and therefore void. View "National Federation of the Blind v. Container Store, Inc." on Justia Law

The First Circuit affirmed the judgment of the district court excluding certain evidence during trial in this case alleging violations of the Fourth Amendment and 42 U.S.C. 1983, holding that Plaintiff’s grounds for attacking one set of evidentiary rulings were not advanced below and that Plaintiff’s remaining challenge was moot.On appeal, Plaintiff challenged the district court’s rulings on her motions in limine, which resulted in the exclusion of evidence concerning the procurement and validity of a search warrant, and the district court’s refusal to admit her medical bills into evidence. The First Circuit held (1) Plaintiff’s first assignment of error was predicated on legal theories and arguments that were raised for the first time on appeal and thus could not be addressed on appeal; and (2) because the medical bills were relevant only to the issue of damages and the jury found no liability, all issues regarding damages were moot. View "Campbell v. Ackerman" on Justia Law

The First Circuit affirmed the judgment of the district court for Regional School Unit 57 (RSU 57) on Charlene Richard’s claims that RSU 57 violated the Americans With Disabilities Act, Rehabilitation Act, Maine Human Rights Act, and Maine Whistleblower Protection Act, holding that there was no clear error in the district court’s findings.Richard, a former kindergarten teacher at Waterboro Elementary School, claimed that RSU 57 retaliated against her for her advocacy on behalf of students with disabilities. The district court concluded that Richard had not met her burden of proving that her advocacy had actually prompted the adverse actions against her and entered judgment for RSU 57. The First Circuit affirmed, holding (1) the district court did not improperly require Richard to present evidence of causation beyond that which supported her prima facie case; and (2) Richard’s remaining arguments were similarly unavailing. View "Richard v. Regional School Unit 57" on Justia Law

The First Circuit affirmed the district court’s grant of summary judgment in favor of Defendants on Plaintiff’s claims brought under 42 U.S.C. 1983 and the Electronic Communications Privacy Act, holding that there was no error in the district court’s decision to grant summary judgment to Defendants on all of Plaintiff’s claims.Plaintiff’s lawsuit stemmed from the covert installment of screenshot-capturing software on Plaintiff’s work computer, which led to his arrest and plea of nolo contendere to one count of possession of child pornography. Plaintiff brought his claims against the individuals who participated in the events leading up to and following his arrest. The First Circuit affirmed the district court’s grant of summary judgment in favor of Defendants, holding that there was no error in the proceedings below. View "Boudreau v. Lussier" on Justia Law