· 6/21/1989
David B. Miller v. Town of Hull, Massachusetts, Etc.
Citations
- 878 F.2d 523
- 1989 U.S. App. LEXIS 8938
- 1989 WL 65754
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that a legislator’s right to vote freely on issues was protected under the First Amendment
- stating that “we have no difficulty finding that the act of voting on public issues by a member of a public agency or board comes within the freedom of speech guarantee of the first amendment”
- finding protected status of voting sufficiently “apparent,” and violation of First Amendment sufficiently “egregious,” to overcome claim of qualified immunity
- “[A]s Bond makes clear, ... the first amendment ... protects the official statements of legislators.”
- in interpreting Creative Environments, court stated: “We held that such claims, [disputes between developers and local planning boards,] do not state a due process violation”
- members of town board of selectmen violated the Massachusetts Civil Rights Act when they discharged members of the town redevelopment authority for speaking out and voting for a project to which the board was opposed
Source: CourtListener parenthetical corpus (CC0).
Judges: Campbell, Bownes, Caffrey
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.