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May 17-21, 2010
U.S. 1st Circuit Court of Appeals, May 17, 2010 Coggeshall v. Massachusetts Bd. of Registration of Psychologists, No. 09-1111 In plaintiffs’ 42 U.S.C. section 1983 suit against the Massachusetts Board of Registration of Psychologists, claiming multiple challenges to the constitutionality of the Board’s actions and the regulations involving plaintiff-psychologist’s evaluation of a seven-year-old boy, district court’s dismissal of the action is affirmed where: 1) the members of the Board, individually, are shielded from the damages claims by reason of quasi-judicial immunity; 2) district court’s dismissal on abstention ground is affirmed as this case is a paradigm for Younger abstention; and 3) third party lacks standing to pursue his nonmonetary claims as he suffered no legally cognizable injury in fact as a result of the Board’s actions.
U.S. 1st Circuit Court of Appeals, May 20, 2010 Gorelik v. Costin , No. 09-1192 In plaintiff’s 42 U.S.C. section 1983 suit against the president of the New Hampshire State Board of Medicine, arising from the Board’s mischaracterization of plaintiff’s temporary license as disciplinary action rather than as “Board action” and posted on the Board’s website and in newsletters, judgment of the district court is affirmed where: 1) the issuance of plaintiff’s temporary license and the posting of the newsletter labeling it a “disciplinary action” occurred eleven years before filing of the complaint, which is well outside the limitations period; and 2) plaintiff has failed to identify any retaliatory decision or action by the Board in response to her attempts to avail herself of administrative remedies.
U.S. 2nd Circuit Court of Appeals, May 18, 2010 Adams v. Zelotes, No. 07-1853 In an action challenging the constitutionality of a Bankruptcy Code provision, 11 U.S.C. section 526(a)(4), alleging that the provision’s prohibition on debt relief agencies advising clients to incur additional debt in contemplation of bankruptcy violated plaintiff’s First Amendment rights, an injunction in favor of plaintiff is reversed where the Supreme Court’s decision in Milavetz directly foreclosed plaintiff’s as-applied challenge by narrowly construing the Bankruptcy Abuse Prevention and Consumer Protection Act to avoid his First Amendment complaint.
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