Morrison Mahoney Partner Kimberly Iverson Tufo recently secured an appellate win on behalf of her client in the U.S. Court of Appeals for the First Circuit, which affirmed the U.S. District Court for the District of Massachusetts’ judgment in favor of her client.
In the underlying federal action, the Plaintiff alleged constitutional and civil rights violations against Kimberly’s client, a court-appointed reconciliation therapist, arising from the plaintiff’s loss of custody of his children in a divorce proceeding. Kimberly moved to dismiss and successfully obtained dismissal of the plaintiff’s Complaint against her client by establishing that the plaintiff’s claims against her client were barred by quasi-judicial immunity.
Plaintiff appealed. However, instead of raising substantive legal arguments, his appellate brief reiterated the allegations of his Complaint. On that basis, Kimberly moved to dismiss the plaintiff’s appeal against her client, arguing that the filing did not constitute a proper appellate brief and presented no substantial question for appellate review.
The First Circuit Court of Appeals agreed, granted our Motion to Dismiss, and affirmed the judgment of the U.S. District Court in full.
