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Brown v. Commonwealth, 1st Cir. (1997)

This document is a summary of a court case from the United States Court of Appeals for the First Circuit. The court affirmed the lower court's dismissal of the plaintiff's (Melvin A. Brown) civil rights lawsuit alleging denial of equal protection and deprivation of property without due process of law against the Commonwealth of Massachusetts and the City of Chicopee. The court adopted the reasoning of the magistrate's report that recommended dismissing the case. Additionally, the court noted that the plaintiff waived any substantive due process argument by failing to raise it in the lower district court.

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27 views4 pages

Brown v. Commonwealth, 1st Cir. (1997)

This document is a summary of a court case from the United States Court of Appeals for the First Circuit. The court affirmed the lower court's dismissal of the plaintiff's (Melvin A. Brown) civil rights lawsuit alleging denial of equal protection and deprivation of property without due process of law against the Commonwealth of Massachusetts and the City of Chicopee. The court adopted the reasoning of the magistrate's report that recommended dismissing the case. Additionally, the court noted that the plaintiff waived any substantive due process argument by failing to raise it in the lower district court.

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USCA1 Opinion

[NOT FOR PUBLICATION]


UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________

No. 97-1129
MELVIN A. BROWN,
Plaintiff, Appellant,
v.
COMMONWEALTH OF MASSACHUSETTS, ET AL.,
Defendants, Appellees.
____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Michael A. Ponsor, U.S. District Judge]
____________________

Before
Boudin, Stahl and Lynch,
Circuit Judges.
____________________
Melvin A. Brown on brief pro se.
Scott
Harshbarger, Attorney General, and

H.
Gregory

William
Assistant Attorney General, on brief for appellees Commonwealth of
Massachusetts, Supreme Judicial Court, Appeals Court, Appellate Tax

Board, Chicopee District Court Small Claims Division, and William We


a natural person, as Governor of the Commonwealth of Massachusetts.
William
J.

O'Grady, Associate City Solicitor, Chicopee Law

Department, on brief for appellee City of Chicopee (City of Chicopee


Board of Sewer Commissioners, and Board of Water Commissioners).

____________________
August 5, 1997
____________________

Per
Curiam. Plaintiff-appellant Melvin A. Brown

appeals pro

se from the dismissal of a 42 U.S.C. S 1983

complaint alleging denial of equal protection and deprivation


of property without due process of law. Having carefully
reviewed the record and the parties' briefs, we are persuaded
the decision below should be affirmed essentially for the
reasons stated in the magistrate's report and recommendation
dated December 10, 1996. We add simply that appellant has
waived any substantive due process argument based on his
failure to raise the issue in the district court.
Affirmed.

-2-

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