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United States First Circuit


LaPierre v. City of Lawrence, 15-1641

In a civil rights action brought by a plaintiff who was sexually assaulted by one of the City's police officers, involving Federal Rule of Civil Procedure 68, which allows a party defending against a claim to make an offer of judgment that, if accepted within 14 days, must be enforced upon the filing of the offer, the acceptance, and proof of service, and such offer "to allow judgment on specified terms, with the costs then accrued," the District Court's judgment granting defendant's motion to strike the filing on grounds that plaintiff's acceptance was invalid is reversed where plaintiff was entitled to accept the City's original Rule 68 offer and to treat it as a complete offer exclusive of costs.

Appellate Information

  • Decided
  • Published 2016/04/26

Judges

  • BARRON

Court

  • United States First Circuit

Counsel

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