Documente Academic
Documente Profesional
Documente Cultură
___________________
No. 93-1535
DAVID WAYFIELD,
Plaintiff, Appellant,
v.
TOWN OF TISBURY,
Defendant, Appellee.
__________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Walter Jay Skinner, U.S. District Judge]
___________________
___________________
Before
Cyr, Circuit Judge,
_____________
Bownes, Senior Circuit Judge,
____________________
__________________
Per Curiam.
__________
Town
of
Tisbury,
in
parties,
deprived
him
violation
of 42 U.S.C.
motion to
dismiss the
conjunction
of
his
1983.
with
numerous
constitutional
private
rights
in
entire complaint,
that the
Wayfield moved
to
of his
we affirm
dismissing
Wayfield's
civil
rights
claims,
the
district court
civil
rights
seems to
rely in part
complaints
particularity.
must
pled
889
has
subject only
be
on the
with
doctrine that
heightened
Dartmouth College,
_________________
civil rights
claims are
to be
Leatherman v.
__________
1160,
assessing
the
1163
adequacy
whether, accepting
as
true,
favorable
which
v.
and
(1993).
of the
proper
instant
these facts
plaintiff, the
851 F.2d
standard
complaint
construing
to the
The
in
pleading
relief.
513, 514
the
for
then is
the complaint
light
shows any
most
facts
1988).
-2-
his
under
this
more
generous
standard,
most
of
for the
We
the
therefore
Wayfield's
reverse
motion
to
district
amend his
court's
complaint
1983.
denial
and
of
vacate the
to
his amended
where
"revisionist" books
respond and
to persuade
Haven Public
14,
Wayfield went
and
Vineyard
on December
1990,
Convery,
to the
complaint,
her
and periodicals.
to
Ms.
Library
stock several
Convery did
but controlled."
not
Within an
his
the library.
shoulder
bag
"assaulted" by Convery.
certified
letter from
When he refused
to
be
searched,
her request to
Wayfield
was
him
that "[a]s
be permitted."
On December 20,
-3-
he received another
letter
Board of Trustees
that, due
library
in January
was
charges
1991,
he
were eventually
charged with
dropped.
trespassing.
Wayfield
The
admits to
the
illegal assault by
the ban
Convery.
He further
alleges that
cause of action
must
determination
sufficient
committed under
alleged] conduct
Constitution or
Board of Appeals,
________________
483
allege
color
of
worked a
laws
under 42
U.S.C.
facts
to
conduct complained of
state
law, and
denial of
of the
(ii)
support
has been
that
rights secured by
United States."
1983,
Chongris
________
[the
the
v.
states a
Convery.
First,
1990,
banning
banning
from
the
because of
of December 18,
library,
of Wayfield
appear to be
purported to act
U.S.C.
his
Ms.
law.
Convery
Second, the
political views
would
rights.
Cf.
__
-4-
40
(1st
Cir.
1992)
(denial of
land
use
964 F.2d
permit
expression of political
views
a]
State or
its
instrumentality may,
of
reasonable
and
.it
must
nondiscriminatory
do
so
in
manner, equally
use--whether
they
are
ad
__
hoc
___
or
in
general--as a
pretext
for
pursuing
constitutionally
those
protected
engaged
exercise
in
lawful,
of
their
fundamental rights.
Brown v. Louisiana, 383 U.S. 131, 142-43 (1966).
_____
_________
To be
sure,
the allegations
that the
conclusory
assault by
allegations
become
Ms.
motivated
for
pleading
of
probability."
Dartmouth Review
_________________
v.
-5-
The
complaint
does
allege
facts
conclusion that
which,
albeit
the banning
by
the Director
mind of an actor
party] says
605
(1st
Since
the state of
or does[,]"
Cir.
1991),
the things [a
evidence
but
Wayfield
controlled."
alleges
that
she
Id.
__
"seemed
very
angry
but
he was
the accusation
reason
can
He then alleges
the Director.
alone
political views.
F.2d 603,
of stealing was
the real
letter banning
as
construed,
well.
the Board
of
to
the
Trustees
of
the Town of
complaint, liberally
the
Vineyard
Haven
and April
While
the
"disruptive
Board
2,
1991 because
purported
incident" which
to
of
act
occurred
-6-
his political
only
because
views.
of
the
between Wayfield
and
Convery,
pretext, a
conclusion we
have decided
We do
shared, the
Director's intent,
is supported
Since
Trustees is
of
the
to
further inquiry.
body responsible
L. ch. 78,
_
illegal acts it
liability.
See
___
and even
so speculative as
require dismissal of
the Board
by the
for
11,
any
the town to
by
to take
the
establishing
unlawful action
official
or
. .
officials
[which
responsible
is
for
in question.").
We
affirm
Wayfield's
Board
district
court's
of Trustees
motivated
the
banning
in regard
of
dismissal
Wayfield
the allegedly
from
the
of
all
and the
politically
Vineyard
Haven
Library.
As
complaint,
reverse the
denial of
complaint,
and
to the
remand
the motion
district
to amend
court
the
for further
proceedings.
-7-
remanded.
________
No
-8-