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DONAHUE v. U.S.

Nos. 09-1950, 10-1766, 09-1951, 09-1952.

660 F.3d 523 (2011)

Patricia DONAHUE, individually and in her Capacity as Administratrix of the Estate of Michael J. Donahue; Michael T. Donahue; Shawn Donahue; and Thomas Donahue, Plaintiffs, Appellees, v. UNITED STATES of America, Defendant, Appellant. The Estate of Edward Brian Halloran, by Patricia Macarelli, in her Capacity as Administratrix of the Estate, Plaintiff, Appellee/Cross-Appellant, v. United States of America, Defendant, Appellant/Cross-Appellee.

United States Court of Appeals, First Circuit.

Decided October 6, 2011.

Attorney(s) appearing for the Case

Edward T. Hinchey , Nicholas Wall Schieffelin, Sloane and Walsh, LLP, Boston, MA, for Plaintiffs, Appellees.

John M. Morris , Niceville, FL, pro se.

Jonathan Heuer Levy , Thomas Mark Bondy , U.S. Dept. of Justice, Washington, DC, William E. Christie , Shaheen & Gordon, Concord, NH, for Defendant, Appellant/Cross-Appellee.

Before LYNCH, Chief Judge, TORRUELLA, SELYA, BOUDIN, LIPEZ, HOWARD and THOMPSON, Circuit Judges.

ORDER OF COURT

LYNCH, Chief Judge, BOUDIN and HOWARD, Circuit Judges, statement on denial of rehearing en banc.

Under the Constitution, federal courts may not make decisions based on sympathy to parties and may not displace the judgments made by Congress in non-constitutional matters. The legal issue presented by these cases is not whether the conduct of the FBI was shameful; it was. It is not whether plaintiffs are victims of that conduct; they are.

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