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   Federal Courts - 1st Circuit Court of Appeals - October 18 - October 23, 2007

  
Dugas v. Coplan, No. 06-2358, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 18, 2007, Decided
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Overview: Where the district court determined that an expert's theories were not persuasive enough to meaningfully undermine the government's case against an inmate and affect the outcome of the trial, its conclusion that the inmate's counsel's deficient representation did not prejudice the inmate within the meaning of Strickland was not clearly erroneous.

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Montfort-Rodriguez v. Rey-Hernandez, No. 06-1624, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 18, 2007, Decided
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Overview: Summary judgment for the Department of Education on the employees' claim that they were unconstitutionally demoted based on their political affiliation was vacated where there was a genuine factual dispute as to whether the Secretary knew of the employees' political affiliation and replaced them with political allies based only on that association.

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Crowe v. Marchand, No. 07-1463, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 19, 2007, Decided
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Overview: District court did not abuse its discretion when it admitted the expert's testimony under Fed. R. Evid. 702 where the expert's extensive investigation of the records and reports fulfilled the sufficient facts or data requirement, and his reliance on reports prepared by others was justified in light of the medical profession's custom and practice.

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Prela v. Keisler, No. 06-2531, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 19, 2007, Decided
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Overview: Denial of alien's claims for asylum, withholding of removal, and relief under CAT was proper under 8 U.S.C.S. § 1252(b)(4)(B) because alien failed to address significant inconsistencies among his asylum application, testimony, and documentary evidence. The inconsistencies were substantial, going to the heart of claims of persecution and torture.

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Saad v. Keisler, No. 06-2347, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 19, 2007, Decided
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Overview: The petition for review of an alien, a 39-year-old native and citizen of Algeria who unsuccessfully sought 8 U.S.C.S. § 1158 asylum, withholding of removal, and relief under the CAT was denied because, while recruitment efforts by the Islamic Salvation Front were unpleasant, they did not rise to the level of persecution or torture.

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Walker v. Russo, No. 07-1650, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 19, 2007, Decided
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Overview: An inmate's 28 U.S.C.S. § 2254 petition was properly denied as his trial counsel was not ineffective for failing to offer a bartender's statement; even with the purported statement that the inmate was leaving the bar before the victim was killed, the inmate did not show his actual innocence of premeditated murder because he had time to form intent.

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Garnier v. Rodriguez, No. 06-2222, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 22, 2007, Decided
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Overview: Acts set forth in the complaint sufficed to establish that the employee was fired due to his political affiliation and in retaliation for his protest, and supported the allegation that he was fired without due process. Therefore, the appellate court affirmed the district court's conclusion that the qualified immunity defense was not established.

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Martinez-Velez v. Rey-Hernandez, No. 06-1409, No. 06-1410, No. 06-1411, No. 06-1412, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 23, 2007, Decided
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Overview: In a 42 U.S.C.S. § 1983 action, claiming a violation of the First Amendment arising from political discrimination, jury verdict for education department drivers was reversed because the court found no evidence that defendants conceived a drivers' pool plan and transfers as a means of favoring drivers of the opposition party over plaintiff drivers.

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United States v. Roy, No. 07-1063, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 23, 2007, Decided
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Overview: Claim asserting that, pursuant to 18 U.S.C.S. § 3583(e)(3), community confinement counted towards 24-month aggregate limit on prison time for violations of supervised release did not meet requirements for plain error review because neither statute's text, substantial precedent, or policy considerations clearly resolved issue in defendant's favor.

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Velez-Diaz v. United States, No. 06-2537, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 23, 2007, Decided
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Overview: A family's Bivens complaint against U.S. was properly dismissed as time-barred under 28 U.S.C.S. § 2401(b) of the Federal Tort Claims Act because it was filed more than six months after they received a letter denying their administrative claim and warning them of the deadline.

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