United States First Circuit

In an action involving a race-based student assignment policy, district court's denial of plaintiff's motion for relief from final judgment is affirmed where plaintiff's claims do not come within any of the circumstances under rule 60 (b)(5) from which relief from a final judgment may be justified, as the prior judgment upon which the district court's order rested has not been reversed and the prior judgment has no prospective application as defined in context.

Appellate Information

• Decided 03/12/2009
• Published 03/12/2009

Judges

• SELYA, Circuit Judge., Before TORRUELLA, SELYA and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Chester Darling, with whom Michael Williams, Robert J. Roughsedge, and Citizens for the Preservation of Constitutional Rights, Inc. were on brief, for appellants.


• For Appellees:
  
• Maura T. Healey, Assistant Attorney General, with whom Martha Coakley, Attorney General, Jeffrey D. Clements and Adam J. Hollingsworth, Assistant Attorneys General, and John C. Mihos, City Solicitor, were on consolidated brief, for appellees.