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| Berube v. Conley, No. 06-2644,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 31, 2007, Decided
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Overview: In excessive force suit under § 1983 and Maine law, denial of summary judgment based on qualified immunity was reversed because, although three officers shot at plaintiff while he was on the ground, under the reasonableness requirement of the Fourth Amendment the officers' conduct could not be deemed egregious enough to submit the matter to a jury.
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| McCarthy v. City of Newburyport, No. 07-1438,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 31, 2007, Decided
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Overview: District court did not err when it dismissed lawsuit which a police officer filed under 42 U.S.C.S. § 1983 against the City of Newburyport (Massachusetts) and its police chiefs, police officers, and mayors because the police chiefs and mayors had valid, nondiscriminatory reasons for disciplining the officer and selecting someone else for promotion.
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| United States v. Jimenez, No. 06-2044,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 31, 2007, Decided
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Overview: Defendant was properly convicted of crimes relating to the misappropriation of the identities of two people long deceased under 18 U.S.C.S. §§ 1542, 1028A(a), and 42 U.S.C.S. § 408(a) as, inter alia, evidence not relating to the identities at issue was not improperly admitted as it showed his planning and preparation and was not unduly prejudicial.
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| United States v. Vega-Santiago, No. 06-1558,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 31, 2007, Decided
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Overview: Evidence was sufficient to support defendant's carjacking conviction under 18 U.S.C.S. § 2119 because although it was likely that the victims' identification of defendant and his confession would have been sufficient, the government presented physical evidence that provided circumstantial corroboration of defendant's involvement in the crimes.
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| Butt v. Keisler, No. 06-2135,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 1, 2007, Decided
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Overview: IJ and BIA relied upon substantial record evidence that the discriminatory incidents were not motivated by the aliens' religious affiliation to support the determination that the aliens failed to prove either past persecution or a well-founded fear of future persecution, and that they therefore were not eligible for asylum under 8 U.S.C.S. § 1158.
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| Costa v. Notinger (Robotic Vision Sys.), BAP NO. NH 07-005,
UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, November 1, 2007, Decided
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Overview: Bankruptcy court order approving settlement of creditors claim was upheld on appeal over protest by debtors CEO who argued that procedure violated due process right and that compromise was unfair and inequitable because CEO had opportunity to be heard per Fed. R. Bankr. P. 9019 and because order reflected proper consideration of relevant factors.
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| Bennett v. St.-Gobain Corp., No. 07-1219,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 2, 2007, Decided
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Overview: District court properly granted summary judgment for the employer and the executives on the employee's retaliation claims under the ADEA and state law because the employee failed to show a causal connection between the filing of the grievance and his dismissal since 16 months passed between the filing of the grievance and the employee's ouster.
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| Parvez v. Keisler, No. 06-1849,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 2, 2007, Decided
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Overview: Petition for review was denied because court lacked jurisdiction to consider BIA denial of motion to reopen for consideration of cancellation of removal under 8 U.S.C.S. § 1229b(b) when BIA had decided there was not requisite hardship. Exception for review of constitutional claims or questions of law under 8 U.S.C.S. § 1252(a)(2)(D) did not apply.
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| Sleeper Farms v. Agway, Inc., No. 06-2694,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 2, 2007, Decided
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Overview: Arbitrator's award was found valid because farmers failed to show that contracts for the sale of potatoes were illegal or that the buyer waived its right to arbitrate. Farmers' attempt to allege that arbitral award was contrary to public policy reflected in Maine Potato Licensing Act, Me. Rev. Stat. Ann. tit. 7, § 1022 (2007), was not well-founded.
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