1st Circuit Court of Appeals, March, 2008, Federal Case law

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Federal Courts - 1st Circuit Court of Appeals - March 7 - March 12, 2008

Kufner v. Kufner, No. 07-1523, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 7, 2008, Decided
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Overview: Mother wrongfully removed sons from Germany under the Hague Convention on the Civil Aspects of International Child Abduction, Oct. 25, 1980, T.I.A.S. No. 11,670, 1343 U.N.T.S. 49 (reprinted at 51 Fed. Reg. 10494 (Mar. 26, 1986)), as the father had rights of custody over the sons under German law and he would have exercised them but for the removal.

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Torrech-Hernandez v. GE, No. 07-1341, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 7, 2008, Decided
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Overview: While the employee attempted to paint himself a part of a pattern of discriminatory conduct, his efforts were unsuccessful since the record was devoid of evidence to support any discriminatory behavior on the employer's part in violation of the ADEA. Thus, the employee could not show that the employer's acceptance of his resignation was pretextual.

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United States v. Diaz, No. 06-2378, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 7, 2008, Decided
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Overview: Officer safety concerns justified the search of the vehicle's passenger compartment where the vehicle's occupant was only temporarily detained under Terry and could have imminently regained control of the vehicle's contents. Thus, the district court properly denied defendant's motion to suppress the firearm and ammunition found in the vehicle.

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United States v. Henry, Nos. 06-1298, 06-1299, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 7, 2008, Decided
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Overview: District court's failure to conduct the colloquy mandated by 21 U.S.C.S. ? 851(b) was not plain error under Fed. R. Crim. P. 52 because defendant had not shown that the information was so deficient as to fail to provide notice of the convictions on which the government sought to rely for the purposes of the sentencing enhancement.

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Warren v. UPS, No. 07-2197, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 7, 2008, Decided
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Overview: District court's instruction on the safety defense under Me. Rev. Stat., tit. 5, ? 4573-A was not erroneous because the court instructed that the employer needed to show that it believed that there was a reasonable probability the employee's disability would have endangered safety, and the general guidance of the instruction was correct.

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Decaire v. Mukasey, No. 07-1539, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 11, 2008, Decided
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Overview: The district court committed clear error where it found that the male U.S. Marshall discriminated against a female Deputy because of her gender, but failed to link the Marshall's several acts of retaliation, prohibited by under 42 U.S.C.S. ? 2000e-3, to the Deputy's filing of Equal Employment Opportunity complaints against the Marshall.

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Swan v. Barbadoro, No. 07-1453, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 11, 2008, Decided
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Overview: Prisoner's appeal from dismissal of RICO claims for wrongdoing by judges and prosecutors in relation to his conviction and Bivens action was dismissed as frivolous under 28 U.S.C.S. ? 1915 because a judgment in his favor would have impugned validity of his conviction and he could not circumvent the bar by substituting RICO action for Bivens claims.

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United States v. Lara-Ramirez, No. 06-2108, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 11, 2008, Decided
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Overview: District court erred when it denied defendant's motion to dismiss charge that he imported and distributed cocaine, in violation of 21 U.S.C.S. ?? 841(a) and 952(a), based on claim that a second trial would violate his double jeopardy right. Defendant did not consent to a mistrial after court learned that a juror brought a Bible into the jury room.

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Perez-Acevedo v. Rivero-Cubano, No. 06-2633, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 12, 2008, Decided
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Overview: Commonwealth of Puerto Rico (P.R.) and officials were properly granted judgment on the pleadings because the poultry farmers did not show that their procedural due process rights under the Fourteenth Amendment were violated when they were denied financial assistance under an unidentified statute and in an informal hearing under the P.R. UAPA.

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Rios-Jimenez v. Sec'y of Veterans Affairs, No. 06-2582, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 12, 2008, Decided
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Overview: Employer was properly granted summary judgment on Rehabilitation Act claims because an employee whose attendance was spotty before and after she was permitted to work part-time as her psychiatrist recommended was unable to perform the essential functions of her job, with or without accommodation for disability.

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