GRSM Boston Team Obtains First Circuit Decision Affirming Dismissal of Civil Rights Claim

November 2023

Gordon Rees Scully Mansukhani Boston Partners Tara Lynch and Stephen Orlando successfully defended a District Court’s dismissal of a civil rights claim filed against their client. The plaintiff, formerly incarcerated, wore a location-tracking bracelet according to the terms of his probation. GRSM’s client supplied the bracelet and provided monitoring services. The plaintiff alleged that GRSM’s client repeatedly contacted him late at night and early in the morning and falsely accused him of tampering with his monitor. The plaintiff sought compensatory and punitive damages, alleging that the client violated his civil rights.

Ms. Lynch and Mr. Orlando filed a motion to dismiss, arguing that the United States District Court lacked subject matter jurisdiction over the claim and that the complaint failed to state a plausible cause of action. The District Court granted the motion and dismissed the complaint.  

The plaintiff appealed the decision to the United States Court of Appeals for the First Circuit. Based on the brief submitted by Ms. Lynch and Mr. Orlando, the First Circuit affirmed the lower court’s dismissal of the complaint. The First Circuit held that the complaint failed to plead a plausible cause of action and did not identify any jurisdictional basis for the claim.