United States First Circuit

Dismissal of suit for damages against federal government and murderer is affirmed where: 1) the government had no duty to the deceased to prevent the actions of a third party; 2) the plaintiffs did not allege any action by the federal government under the color of state law; and 3) the court properly dismissed a state claim upon dismissal of all federal claims.

Appellate Information

• Decided 05/16/2006
• Published 05/16/2006

Judges

• SELYA, Circuit Judge., Before SELYA and LIPEZ, Circuit Judges, and SAYLOR, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Kevin J. Reddington, for appellants., Gary Lee Sampson, on brief pro se ipso.


• For Appellees:
  
• Carol L. Shea, Special Assistant United States Attorney (Chief, Civil Division, District of Vermont), with whom David V. Kirby, United States Attorney (District of Vermont), was on brief, for federal appellees.