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

The First Circuit affirmed the district court's grant of summary judgment in favor of Employer on this action brought by Employee under the Americans with Disabilities Act (ADA), 42 U.S.C. 1210 et seq., and under various Rhode Island laws, holding that the district court properly granted summary judgment on all of Employee's claims.After Employer terminated Employee's employment on the basis of job abandonment Plaintiff filed this suit claiming that Employer terminated her on the basis of her disabilities, failed to provide her with reasonable accommodations, and retaliated against her. The district court granted Employer's motion for summary judgment, concluding that Employee had not met the requirements of Cleveland v. Policy Management Systems Corp., 526 U.S. 795 (1999). The First Circuit affirmed, holding that the district court properly granted Employer summary judgment as to all of Plaintiff's claims. View "Pena v. Honeywell International, Inc." on Justia Law

The First Circuit affirmed the judgment of the district court granting summary judgment for two prison officers on an inmate's claims under 42 U.S.C. 1983 alleging violations of his federal constitutional rights, holding that the officers were entitled to qualified immunity.In his complaint, the inmate alleged (1) one of the officers pushed him against a pillar, allegedly causing him to hit his head on it, in violation of the Eighth Amendment; and (2) the other officer sprayed pepper spray into his cell, in violation of both the First Amendment and the Eighth Amendment. The district court granted Defendants' motion for summary judgment on qualified immunity grounds. The First Circuit affirmed, holding that no genuine dispute of material fact existed as to whether the officers violated either the First or the Eighth Amendment. View "Staples v. Gerry" on Justia Law

The First Circuit affirmed the judgment of the district court denying Defendant's motions to suppress evidence and to dismiss his indictment for outrageous government conduct, holding that the district court did not err in its judgment.Defendant was identified as a user of Playpen, an online forum that allowed users to upload, download, and distribute child pornography, and indicted for possession and receipt of child pornography. Defendant moved to suppress evidence resulting from an Network Investigative Technique warrant and also sought to dismiss the indictment on the grounds that the government engaged in outrageous conduct by running Playpen for two weeks after seizing its control. The district court denied the two motions. Defendant subsequently pled guilty to both charges. The First Circuit affirmed, holding (1) the district court correctly denied Defendant's motion to suppress for lack of probable cause; and (2) under the totality of the circumstances, there were no grounds to reverse the district court's denial of Defendant's motion to dismiss the indictment. View "United States v. Anzalone" on Justia Law

The First Circuit affirmed the decision of the bankruptcy court dismissing an involuntary bankruptcy petition filed by one bank and joined by another against Defendant, a licensed plastic surgeon, holding that dismissal of the involuntary petition was proper because the Banks failed to meet the requirement that there be at least three petitioning creditors under 11 U.S.C. 303(b)(1).Under section 303(b), fewer than three petitioning creditors cannot force a debtor into bankruptcy unless the debtor has fewer than twelve creditors in total. The bankruptcy court granted Defendant's motion for summary judgment, concluding that Defendant had fifteen qualified creditors at the time the involuntary petition was filed and that the court did not have the equitable power to override the provisions of section 303(b)(1). The First Circuit affirmed, holding that the bankruptcy court did not err by (1) not placing on Defendant the burden of proving that he had twelve or more eligible creditors; (2) not finding that the Banks presented evidence sufficient to show that Defendant did not have twelve or more eligible creditors; and (3) not employing equitable discretion to allow the petition. View "Banco Popular de Puerto Rico v. Reyes-Colon" on Justia Law

The First Circuit affirmed the judgment of the district court sentencing Appellant to a prison term of 240 months after Appellant pleaded guilty to transporting a minor with the intent to engage in criminal sexual activity, holding that there was no plain error in the judgment below.On appeal, Appellant claimed that the prosecutor engaged in various incidents of an alleged breach of the plea agreement during the disposition hearing. The First Circuit disagreed, holding (1) the waiver-of-appeal provision in the plea agreement did not apply to the sentence actually imposed by the district court; (2) the government's statement that it made a "sweetheart deal" to avoid exposing the victim to the rigors of trial did not breach the agreement; (3) the prosecutor did not breach the agreement by recounting the offense characteristics and explaining why those characteristics justified the prosecutor's recommended sentence; and (4) the prosecutor did not breach the agreement by undermining the foundation on which the the prosecutor's proposed sentence rested. View "United States v. Colon-Rosario" on Justia Law

The First Circuit affirmed Defendant's sentence of sixty months' imprisonment imposed after Defendant pleaded guilty to illegal possession of a machine gun and to being a felon in possession of three firearms and ammunition, holding that there was no plain error in the imposition of the sentence.On appeal, Defendant argued that the district court committed procedural error when it chose not to, before imposing its sentence, definitively determine whether the guidelines sentencing range (GSR) proposed in the presentence report or the guidelines calculation agreed to in the plea agreement was correct. Instead, the district court based its sentence on the other sentencing factors listed in 18 U.S.C. 3553(a). The First Circuit affirmed, holding that, in light of the district court's statements that the sentence would have been the same under any of the proposed GSRs, there was no prejudice. Further, the district court's rationale was plausible and led to a defensible sentence, and therefore, the sentence was not substantively flawed. View "United States v. Ortiz-Alvarez" on Justia Law

The First Circuit affirmed Defendant's conviction of one count of possessing child pornography, holding that the district court did not err in denying Defendant's motions to suppress the evidence.Defendant uploaded child pornography images to a digital album on Imgur, an image hosting website. The National Center for Missing and Exploited Children (NCMEC) received a report about the images from an anonymous tipster and informed law enforcement of the images. In his motions to suppress, Defendant argued that the evidence was obtained pursuant to a warrantless search by Imgur, acting at the instigation of NCMEC, and that the computer was searched pursuant to a warrant that lacked probable cause. The district court denied the motions. The First Circuit affirmed, holding that the district court did not err in determining (1) Defendant had no reasonable expectation of privacy in the images he uploaded to Imgur or in his internet protocol address, and (2) the state's warrant to search Defendant's computer was supported by probable cause. View "United States v. Morel" on Justia Law

The First Circuit affirmed Defendant's conviction of one count of conspiracy to commit health care fraud, eight counts of health care fraud, six counts of aggravated identity theft, and four counts of furnishing false or fraudulent information in prescriptions for controlled substances, holding that there was no error in the proceedings below.Specifically, the Court held (1) the evidence was sufficient to support Defendant's underlying convictions for aggravated identity theft; (2) the district court did not err in denying Defendant's motion for a new trial; (3) the district court correctly denied Defendant's third motion for a judgment of acquittal as to the charges of furnishing false or fraudulent information for prescriptions in controlled substances; (4) Defendant's sentence was not substantively unreasonable; and (5) Defendant's pro se challenges to the sufficiency of the evidence for his conspiracy and health care fraud convictions and argument that an aspect of the trial violated his Sixth Amendment rights failed. View "United States v. Tull-Abreu" on Justia Law

The First Circuit affirmed the decision of the district court dismissing Plaintiffs' complaint against Fidelity Brokerage Services, LLC for failure to state a claim, holding that First Circuit law barred Plaintiffs' claims.The district judge concluded that Fidelity was immune from suit based on an immunity provision in the Bank Secrecy Act (BSA), 31 U.S.C. 5318(g)(3)(A). On appeal, Plaintiffs argued that Eleventh Circuit precedent, which holds that BSA immunity requires good faith dealing, applied because the case came to the First Circuit via a transfer order from a court in the Eleventh Circuit and that, even if First Circuit caselaw applied, Fidelity could not get BSA immunity. The First Circuit affirmed, holding (1) First Circuit law, rather than Eleventh Circuit law, governed this case; and (2) the First Circuit's opinion in Stoutt v. Banco Popular de Puerto Rico, 320 F.3d 26 (1st Cir. 2003), applied and gave Fidelity BSA immunity. View "AER Advisors Inc. v. Fidelity Brokerage Services, LLC" on Justia Law

The First Circuit affirmed Defendant's sentence to sixty months' imprisonment for illegal possession of a machine gun, holding that the sentence was neither procedurally nor substantively unreasonable.The sentence imposed by the district court was above the applicable guidelines sentencing range but below the statutory maximum of ten years. On appeal, Defendant argued, among other things, that the district court erred in considering photographs found on Defendant's cell phone showing Defendant handling military-style assault weapons and in considering information about the pervasiveness of guns and gun violence in Puerto Rico. The Supreme Court affirmed, holding (1) the district court did not err in considering the photographs at issue or in considering the problem of gun violence in Puerto Rico; and (2) Defendant's five-year term of imprisonment was substantively reasonable. View "United States v. Viloria-Sepulveda" on Justia Law