United States First Circuit

In consolidated suits bringing numerous claims against government officials and a police officer, seeking damages for an allegedly illegal search of the plaintiffs' property, the district court's grant of summary judgment to the defendants on the basis of judicial estoppel is affirmed, where: 1) the plaintiffs had failed to disclose their claims to a bankruptcy court, even when ordered by that court to do so; 2) the bankruptcy court accepted the position the plaintiffs adopted with respect to their assets when it discharged them from bankruptcy; and 3) the equities favored application of judicial estoppel.

Appellate Information

• Decided 04/19/2012
• Published 04/19/2012

Judges

• Lipez

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Barbara Goodwin, Erik G. Moskowitz