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GULLUNI v. LEVY

No. 22-1862.

85 F.4th 76 (2023)

Anthony D. GULLUNI, District Attorney for Hampden County, in his official capacity, Plaintiff, Appellant, v. Joshua S. LEVY, Acting U.S. Attorney for the District of Massachusetts, Defendant, Appellee.

United States Court of Appeals, First Circuit.

October 30, 2023.

Attorney(s) appearing for the Case

Elizabeth N. Mulvey , with whom Thomas M. Hoopes and Libby, Hoopes, Brooks & Mulvey P.C. were on brief, for appellant.

Michael Shih , Appellate Staff Attorney, with whom Brian M. Boynton , Principal Deputy Assistant Attorney General, Joshua S. Levy , Acting United States Attorney, and Daniel Tenny , Appellate Staff Attorney, were on brief, for appellee.

Matthew R. Segal , Jessica J. Lewis , Rebecca A. Jacobstein , American Civil Liberties Union Foundation of Massachusetts, Inc., and Committee for Public Counsel Services, on brief in support of neither party for Committee for Public Counsel Services and Hampden County Lawyers for Justice, amici curiae.

Before Kayatta, Selya, and Gelpí, Circuit Judges.

Appellant Anthony D. Gulluni ("Gulluni"), District Attorney for Hampden County, Massachusetts, challenges the district court's granting of summary judgment in favor of Appellee Joshua S. Levy, Acting United States Attorney for the District of Massachusetts. Gulluni contends that the district court applied the incorrect...

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