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HARRON v. TOWN OF FRANKLIN

No. 10-1800.

660 F.3d 531 (2011)

Stephen HARRON, Plaintiff, Appellant, Big Time, Inc., Plaintiff, v. TOWN OF FRANKLIN; Stephen T. Williams, Chief of Police; Jeffrey D. Notting, Town Administrator; Certain other Officials of the Town of Franklin, Both Individually and in their Official Capacities for the Town of Franklin, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 31, 2011.

Attorney(s) appearing for the Case

Edward J. McCormick, III , with whom McCormick & Maitland was on brief, for appellant.

Adam Simms , with whom John J. Davis and Pierce, Davis & Perritano, LLP were on brief, for appellees.

Before BOUDIN, LIPEZ, and HOWARD, Circuit Judges.

LIPEZ, Circuit Judge.

Pursuant to 42 U.S.C. § 1983, Stephen Harron and Big Time, Inc. sued the Town of Franklin, Massachusetts (the "Town"), and several Town officials, claiming violations of the Equal Protection and Due Process Clauses of the United States Constitution, for allegedly forcing out of business a tavern leased and operated by them. The district court dismissed the amended complaint for failure to state a claim upon which relief could be granted...

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