Tag Archives: First Circuit
First Circuit likely to save the whales despite lobstermen’s complaints
An epic sea battle unfolded at the First Circuit Tuesday as Massachusetts fishermen tried to harpoon federal regulations that protect the North Atlantic right whale. But it appeared the judges were on the whales’ side and, as in “Moby Dick,” the fishermen may end up shipwrecked. At issue is a federal rule that limits lobster and Jonah crab fisheries’ use of buoy lines, which can entangle and kill whales. The fishermen’s lawyer, Daniel Cragg, told the judges that the rule resulted from Congress making a “drafting failure,” but the judges seemed incredulous. more, >>CLICK TO READ<< 10:52
Fishing Community Mayor, Top Officials Off the Hook in Retaliation Claims
The mayor and other city officials in the fishing community of Gloucester, Massachusetts are protected under qualified immunity against claims by the city’s harbormaster that they violated his First Amendment rights. The harbormaster sued the mayor, city solicitor, chief administrative officer and human resources officer for allegedly violating his free speech rights when they retaliated against him because of expert witness testimony he gave as a private consultant. The First Circuit Court of Appeals said the officials are protected because as public officials they had reasonable concerns that the harbormaster’s testimony against a local boat captain would damage the city’s reputation and relations with the Gloucester fishing community. more, >>click to read<< 07:39
Appeals Court upholds dismissal of Gloucester Harbormaster’s harassment case
The U.S. Court of Appeals for the First Circuit has affirmed a lower U.S. District Court judge’s ruling dismissing the intentional infliction of emotional distress, First Amendment retaliation and civil rights lawsuit brought by Gloucester Harbormaster Thomas “T.J.”, agreeing that city officials named in the suit were entitled to qualified immunity. In 2021, Ciarametaro, a Coast Guard veteran and reservist who has served as harbormaster since 2016, sued the city, then City Solicitor Charles “Chip” Payson, then Chief Administrative Officer James Destino, Human Resources Director Holly Dougwillo and then Mayor Sefatia Romeo Theken. In his suit, Ciarametaro claimed the city officials had “violated his First Amendment rights because they retaliated against him for his expert testimony in a maritime tort dispute between several Gloucester fishermen and the United States Coast Guard,” according to the First Circuit’s decision dated Tuesday, Nov. 28. Photos, more, >>click to read<< 13:31
