United States First Circuit

In a securities action involving a hedge fund operator plaintiff and the Secretary of the Commonwealth of Massachusetts, the District Court's judgment against plaintiff is affirmed where: 1) a person who has defended a suit brought against him in his official capacity is not protected by principles of claim preclusion from a subsequent suit brought against him by the same plaintiff(s) in his individual capacity; 2) the Secretary's performance of non-judicial acts is entitled to prosecutorial immunity; and 3) plaintiff has not pleaded a plausible claim for unconstitutional retaliation based on the website announcement.

Appellate Information

• Decided 06/10/2013
• Published 06/10/2013

Judges

• Selya

Court

• United States First Circuit

Counsel