1st Cir.

United States Court of Appeals for the First Circuit

Every decision we've summarized from United States Court of Appeals for the First Circuit.

Dec 23 2025
23-1810 Panel Decision

JOSEPH DONOVAN v. MASSACHUSETTS PAROLE BOARD

The First Circuit held that a state prisoner's second habeas petition challenging a conviction is not 'second or successive' under AEDPA when the underlying sentence was modified by a state court ruling declaring the original sentence unconstitutional. Because the modification created a new judgment, the petitioner bypassed the federal court's gatekeeping requirements for successive petitions.

Dec 22 2025
25-1356 Panel Decision

STEPHEN SCAER; BETHANY R. SCAER v. CITY OF NASHUA, NEW HAMPSHIRE JAMES W. DONCHESS, Mayor, City of Nashua, New Hampshire; JENNIFER L. DESHAIES, Risk Manager, City of Nashua, New...

The First Circuit held that the City of Nashua's Citizen Flag Pole program was a forum for private speech, not government speech, making the city's refusal to allow certain flags impermissible viewpoint discrimination. The court reversed the district court's denial of relief and remanded with instructions to enter an interim declaratory judgment.

Dec 19 2025
24-1475 Panel Decision

United States v. Robertson

The First Circuit affirmed the convictions and sentences of two Massachusetts State Police officers for a federal overtime fraud scheme but vacated a forfeiture order against one defendant. The court held that the government failed to prove which portion of the defendant's financial aid was directly traceable to his fraud rather than what he would have received legitimately.

Dec 19 2025
24-1475, 24-1540, 24-1541 Panel Decision

United States v. Robertson and Griffin

The First Circuit affirmed the convictions of two Massachusetts State Police officers for wire fraud and theft of federal funds but vacated a forfeiture order against one defendant. The court held that the government failed to prove which portion of the financial aid received by the defendant was traceable to the fraud versus what he would have received legitimately.

Dec 19 2025
24-1541 Panel Decision

United States v. Robertson

The First Circuit affirmed the convictions of two Massachusetts State Police officers for defrauding federal highway safety grants but vacated a forfeiture order against one defendant. The court held that the government failed to prove which portion of the financial aid received by the defendant was directly traceable to the fraud rather than what he would have received anyway.

Dec 18 2025
24-1244 Panel Decision

DELMA TERENZIO, as Personal Representative of the Estate of Joseph A. Terenzio; THOMAS SULLIVAN, as Personal Representative of the Estate of John J. Sullivan; EDWARD POULIN, as...

The First Circuit affirmed the District Court's grant of qualified immunity to state officials sued over the deaths of veterans at a state-run facility during the COVID-19 pandemic. The court held that the plaintiffs failed to plausibly allege that the defendants directly caused the harm or that the law was clearly established to prohibit the alleged conduct.

Dec 18 2025
24-1736 Panel Decision

LIBBY HEWES v. SAMANTHA PANGBURN

The First Circuit affirmed the dismissal of a former student's civil rights claims against school officials and a police officer regarding sexual assault by a coach. The court held that the school officials lacked actual knowledge of the abuse and that the plaintiff failed to prove the state created the danger or that the officer was properly served.