Thivierge v. Town of Amesbury, et al

Filing 58

JUDGMENT entered by Juan R. Torruella, Appellate Judge; Michael Boudin, Appellate Judge and Rogeriee Thompson, Appellate Judge. Affirmed. [10-1389] (GK)

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United States Court of Appeals For the First Circuit No. 10-1389 JAMES N. THIVIERGE, Plaintiff, Appellant, v. TOWN OF AMESBURY, ET AL., Defendants, Appellees. ________________________ Before Torruella, Boudin and Thompson, Circuit Judges. JUDGMENT Entered: June 8, 2011 This is a pro se appeal from a judgment, based on a jury verdict, denying appellant damages for the allegedly wrongful restriction of his First Amendment rights by the defendants. Many witnesses testified that appellant often acted inappropriately while present in the Town Hall and the library, and that, after several incidents and despite warnings, appellant did not modify his behavior. The jury found that the orders limiting appellant's access to these venues did not improperly limit appellant's constitutional rights and rejected the request for damages. Orders issued in the district court proceedings have restored appellant's right of access to the library and have granted him limited access to the town hall. None of appellant's assignments of error - in regard to the removal of the proceedings from state court, evidentiary rulings, the weight of the evidence, and other matters - are supported by the record and do not indicate any error in the district court. Appellant now has full access to the library, access to all evening meetings at the Town Hall and access by request to the Town Hall during the day. The judgment is affirmed. By the Court: /s/ Margaret Carter, Clerk. cc: Katharine I. Doyle Mark R. Reich James N. Thivierge

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