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Panel: ‘Heck’ doesn’t bar pretrial probationer’s §1983 claim
The 1st Circuit ruled that pretrial probation without a conviction does not trigger the Heck bar, allowing a Springfield woman’s §1983 excessive force claim to proceed.
Criminal – Securities fraud
Where a jury found a defendant guilty of securities fraud, his conviction and sentence should be affirmed because (1) any error in admitting evidence summarizing his bank account activity was harmless, (2) sufficient evidence supported the jury’s verdict, (3) the lower court’s loss calculation was fully supported by reliable evidence, and (4) the defendant has failed to show that the restituti[...]
Civil rights – Arrest – ‘Heck’ bar
Where (1) a plaintiff, following the dismissal of criminal charges against her, filed suit under 42 U.S.C. §1983 alleging excessive force and (2) the defendants moved for summary judgment under Heck v. Humphrey, 512 U.S. 477 (1994), which held that a §1983 claim cannot impugn a valid criminal judgment, the denial of the defendants’ motion should be affirmed because the plaintiff secured a dism[...]
Appeals – Stay – SNAP
Where a U.S. District Court judge ordered the full payment of Supplemental Nutrition Assistance Program funds for November, the government’s request for a stay pending appeal should be denied because the government has not made a strong showing that it is likely to succeed on the merits.
States face uncertainty as Trump administration tries to reverse SNAP food payments
States face confusion as courts and the Trump administration battle over full SNAP payments during the federal government shutdown affecting millions of Americans.
Tort – SLAPP – Petitioning activity
Where claims of defamation and tortious interference with business relations were brought against two defendants who reported alleged misconduct by the plaintiff nurse to a number of governmental and private organizations, it was not error to deny the defendants’ special motion to dismiss under the Massachusetts anti-SLAPP statute (G.L.c. 231, §59H), as the defendants’ reports to private enti[...]
Municipal – Substantive due process – Water service
Where a substantive due process claim over a water crisis in a Puerto Rico municipality was dismissed, the district court erred in concluding that the plaintiffs did not plausibly allege conscience-shocking conduct.
Exclusion of post-arrest statements upheld by 1st Circuit
The 1st Circuit upheld a ruling rejecting a defendant’s post-arrest statements as hearsay in a child sex trafficking prosecution.
Criminal – Post-arrest interview statements – Hearsay
Where a defendant’s post-arrest interview statements were excluded, there was no abuse of discretion in the lower court’s conclusion that the statements did not come within the excited utterance exception to the rule against hearsay.
Criminal – Supervised release – Internet access
Where a defendant has challenged two conditions of his supervised release that, taken together, allow him to access the internet only via devices with court-approved monitoring software, the conditions are not invalid despite the defendant’s assertion that they violate his First and Fifth Amendment rights and unlawfully delegate judicial power to the U.S. Probation Office.
Criminal – Plea – Rule 11
Where a defendant pleaded guilty to two counts of carjacking and one count of possession of a firearm in furtherance of a crime of violence, the defendant’s substantial rights were not affected by a mistake during the change of plea hearing about the duration of the supervised release term for the firearm charge.
Negligence – Puerto Rico law – Medical malpractice
Where summary judgment was awarded to a defendant physician based on the lower court’s finding that the claims against him were untimely under Puerto Rico law, the judgment should be affirmed despite the plaintiffs’ argument that the burden to prove timeliness never shifted to them.
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
