DOE v. WALKER

No. 99-1095.

193 F.3d 42 (1999)

Jane DOE, Plaintiff, Appellant. United States of America, Intervenor, Plaintiff, v. Antoine WALKER, Defendant, Appellee. Ronald Mercer, Michael Irvin, Chauncey Billups, Defendants. Now Legal Defense & Education Fund, Interested Party.

United States Court of Appeals, First Circuit.

Decided October 4, 1999.


Attorney(s) appearing for the Case

Margaret A. Burnham with whom Burnham & Hines was on brief for appellant.

Nicholas C. Theodorou with whom Toni G. Wolfman, David A. Anderson and Foley, Hoag & Eliot LLP were on brief for appellee.

Before BOUDIN, Circuit Judge BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.


BOUDIN, Circuit Judge.

This appeal presents an unusual question of Massachusetts law concerning the possible duty of a social host to protect his guest from the criminal acts of another guest where this can be done without risk to the host. Because the appeal is from a dismissal for failure to state a claim, Fed. R.Civ.P. 12(b)(6), we set forth the facts as alleged in the complaint, drawing reasonable inferences in favor of the non-moving party, here the appellant...

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