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)

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