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· 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 CourtListener

Sourced 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.