United States First Circuit

Summary dismissal of defamation claims is affirmed, where the statements about plaintiff's mental state and arsenal were either (1) unrefuted statements of fact, (2) statements which, although likely false, could not reasonably be considered offensive to the average person in the community, and (3) statements of opinion based upon disclosed facts.

Appellate Information

• Decided 02/26/2003
• Published 02/26/2003

Judges

• TORRUELLA, Circuit Judge., Before BOUDIN, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Damon Scarano, for appellant.


• For Appellees:
  
• Elizabeth A. Ritvo, with whom Jeffrey P. Hermes and Brown Rudnick Berlack Israels LLP, were on brief, for appellees Kate Walsh and Nashoba Publications., Jonathan M. Albano, with whom Bingham Dana LLP, was on brief, for appellees Peter Nugent and Worcester Telegram & Gazette Corporation., Stephen C. Pfaff, with whom Douglas I. Louison and Merrick, Louison & Costello, were on brief for appellees William May and City of Townsend.