Martin, et al v. Rollins
| WILLIAM G. GROSS, in his Official Capacity as Commissioner of the Boston Police Department and WILLIAM G. GROSS, in his Official Capacity as Police Commissioner for the City of Boston |
| K. ERIC MARTIN and RENE PEREZ |
| RACHAEL SPLAINE ROLLINS, in her Official Capacity as District Attorney for Suffolk County |
| SOCIETY OF PROFESSIONAL JOURNALISTS, NATIONAL PRESS PHOTOGRAPHERS ASSOCIATION, NEW YORK TIMES, LAWYERS FOR CIVIL RIGHTS, FIRST LOOK MEDIA WORKS, INC., MEDIA INSTITUTE, CENTER FOR CONSTITUTIONAL RIGHTS, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS, BOSTON GLOBE MEDIA PARTNERS, LLC, NEW ENGLAND FIRST AMENDMENT COALITION, MPA-THE ASSOCIATION OF MAGAZINE MEDIA, MEREDITH CORPORATION, POLITICO LLC, CENTER FOR INVESTIGATIVE REPORTING, AMERICAN SOCIETY OF MAGAZINE EDITORS, TULLY CENTER FOR FREE SPEECH, SOCIETY OF ENVIRONMENTAL JOURNALISTS, NATIONAL FREEDOM OF INFORMATION COALITION, LATINO JUSTICE PRLDEF, INSTITUTE FOR CONSTITUTIONAL ADVOCACY & PROTECTION, ELECTRONIC FRONTIER FOUNDATION and NATIONAL NEWSPAPER ASSOCIATION |
| 19-1629 |
| June 25, 2019 |
| U.S. Court of Appeals, First Circuit |
| Other Civil Rights |
Docket Report
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| Document Text |
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| MANDATE issued. [19-1586, 19-1629, 19-1640] (MNH) [Entered: 01/06/2021 08:42 AM] |
| OPINION issued by David J. Barron, Appellate Judge; David H. Souter,* Associate Supreme Court Justice and Bruce M. Selya, Appellate Judge. Published. * Hon. David H. Souter, Associate Justice (Ret.) of the Supreme Court of the United States, sitting by designation. [19-1586, 19-1629, 19-1640] (GAK) [Entered: 12/15/2020 04:06 PM] |
| JUDGMENT entered. This cause came on to be heard on appeal from the United States District Court for the District of Massachusetts and was argued by counsel. Upon consideration whereof, it is now here ordered, adjudged and decreed as follows: The District Court's judgment in the Martin Plaintiffs' case is affirmed. Its judgment in Project Veritas's case is affirmed in part, vacated in part, and remanded in part. The parties shall bear their own costs. Appellant/cross-appellee Suffolk County District Attorney Rachael Rollins's motion to strike portions of plaintiff-appellee/cross-appellant Project Veritas Action Fund's reply brief is denied as moot. [19-1586, 19-1629, 19-1640] (GAK) [Entered: 12/15/2020 04:09 PM] |
| CASE argued. Panel: David J. Barron, Appellate Judge; David H. Souter, Associate Supreme Court Justice and Bruce M. Selya, Appellate Judge. Arguing attorneys: Eric A. Haskell for Rachael Splaine Rollins and Benjamin T. Barr for Project Veritas Action Fund in 19-1586, 19-1640, Eric A. Haskell for Rachael Splaine Rollins and Jessie J. Rossman for K. Eric Martin and Rene Perez in 19-1629. [19-1586, 19-1629, 19-1640] (DJT) [Entered: 01/08/2020 12:50 PM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Jessie J. Rossman for Appellees K. Eric Martin and Rene Perez. Certificate of service dated 12/06/2019. [19-1629] (JJR) [Entered: 12/06/2019 04:06 PM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Eric A. Haskell for Appellant/Cross-Appellee Rachael Splaine Rollins in 19-1586, Attorney Eric A. Haskell for Appellant Rachael Splaine Rollins in 19-1629, 19-1640. Certificate of service dated 12/02/2019. [19-1586, 19-1629, 19-1640] (EAH) [Entered: 12/02/2019 09:40 AM] |
| NINE (9) paper copies of reply brief [ # 6300334-2 ] submitted by Appellee/Cross-Appellant Project Veritas Action Fund in 19-1586, 19-1640. [19-1586, 19-1629, 19-1640] (JMK) [Entered: 12/02/2019 03:34 PM] |
| CASE calendared: Wednesday, 01/08/2020 AM Boston, MA Panel Courtroom. Designation form due 12/11/2019. [19-1586, 19-1629, 19-1640] (DJT) [Entered: 11/27/2019 01:33 PM] |
| REPLY BRIEF filed by Appellee/Cross-Appellant Project Veritas Action Fund in 19-1586, 19-1640. Certificate of service dated 11/25/2019. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 11/29/2019 . [19-1586, 19-1629, 19-1640] (AMM) [Entered: 11/26/2019 02:27 PM] |
| BRIEF tendered by Appellee/Cross-Appellant Project Veritas Action Fund in 19-1586, 19-1640. [19-1586, 19-1629, 19-1640] (BTB) [Entered: 11/25/2019 01:02 PM] |
| RESPONSE AND REPLY BRIEF filed by Appellant/Cross-Appellee Rachael Splaine Rollins in 19-1586, 19-1640, Appellant Rachael Splaine Rollins in 19-1629. Certificate of service dated 11/14/2019. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 11/27/2019 . Reply brief due 12/05/2019 for Appellee/Cross-Appellant Project Veritas Action Fund. [19-1586, 19-1629, 19-1640] (AMM) [Entered: 11/20/2019 01:24 PM] |
| BRIEF tendered by Appellant/Cross-Appellee Rachael Splaine Rollins in 19-1586, Appellant Rachael Splaine Rollins in 19-1629, 19-1640. [19-1586, 19-1629, 19-1640] (EAH) [Entered: 11/14/2019 01:49 PM] |
ORDER directing Appellant/Cross-Appellee Rachael Splaine Rollins to file a conforming brief. Reply brief due 11/14/2019 for appellant Rachael Splaine Rollins. [19-1586, 19-1629, 19-1640] (KPC) [Entered: 11/07/2019 04:47 PM]
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| BRIEF tendered by Appellant/Cross-Appellee Rachael Splaine Rollins in 19-1586, Appellant Rachael Splaine Rollins in 19-1629, 19-1640. [19-1586, 19-1629, 19-1640] (EAH) [Entered: 11/04/2019 06:06 PM] |
| AMICUS CURIAE BRIEF filed by Amicus Curiae Institute for Constitutional Advocacy & Protection. Number of copies: 9. Certificate of service dated 10/21/2019. [19-1629]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (KPC) [Entered: 10/28/2019 04:24 PM] |
| CORPORATE disclosure statement filed by Movant Institute for Constitutional Advocacy & Protection. [19-1629] (KPC) [Entered: 10/28/2019 09:35 AM] |
| AMICUS CURIAE BRIEF filed by Amici Curiae Center for Constitutional Rights, Latino Justice PRLDEF and Lawyers for Civil Rights. Number of copies: 9. Certificate of service dated 10/04/2019. [19-1629] (KPC) [Entered: 10/24/2019 04:08 PM] |
| CORPORATE disclosure statement filed by Amici Curiae Center for Constitutional Rights, Latino Justice PRLDEF and Lawyers for Civil Rights. [19-1629] (KPC) [Entered: 10/24/2019 04:09 PM] |
| PLEADING tendered: NINE (9) paper copies of amicus brief filed by Movant Institute for Constitutional Advocacy & Protection. [19-1629] (KPC) [Entered: 11/06/2019 09:58 AM] |
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ORDER entered: Lawyers for Civil Rights, Center for Constitutional Rights, LatinoJustice PRLDEF's motion for leave to file an amicus brief in support of the plaintiff-appellees K. Eric Martin and Rene Perez is granted, and the brief is accepted for filing this day. [19-1629] (KPC) [Entered: 10/24/2019 03:53 PM]
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| NINE (9) paper copies of amicus brief [ # 6290484-2 ] submitted by Amici Curiae American Society of Magazine Editors, Boston Globe Media Partners, LLC, Center for Investigative Reporting, First Look Media Works, Inc., MPA-The Association of Magazine Media, Media Institute, Meredith Corporation, National Freedom of Information Coalition, National Newspaper Association, National Press Photographers Association, New England First Amendment Coalition, New York Times, POLITICO LLC, Reporters Committee for Freedom of the Press, Society of Environmental Journalists, Society of Professional Journalists and Tully Center for Free Speech. [19-1629] (JMK) [Entered: 10/23/2019 11:33 AM] |
| AMICUS CURIAE BRIEF tendered by Institute for Constitutional Advocacy & Protection. [19-1629] CLERK'S NOTE: Document should not have been filed in additional cases, 19-1586, 19-1640. Correction made by clerk's office. No further action required. (NYR) [Entered: 10/21/2019 12:10 PM] |
| AMICUS CURIAE BRIEF filed by Movants Reporters Committee for Freedom of the Press, American Society of Magazine Editors, Boston Globe Media Partners, LLC, First Look Media Works, Inc., Media Institute, Meredith Corporation, MPA - the Association of Magazine Media, National Freedom of Information Coalition, National Newspaper Accosiation, National Press Photographers Association, New England First Amendment Coalition, The New York Times Company, POLITICO LLC, Reveal from the Center for Investigative Reporting, The Society of Environmental Journalists, Society of Professional Journalists, and The Tully Center for Free Speech. Certificate of service dated 10/04/2019. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 10/25/2019 . [19-1629] (KPC) [Entered: 10/18/2019 09:48 AM] |
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ORDER directing Movant Institute for Constitutional Advocacy & Protection to file a conforming brief. Conforming amicus brief due 10/24/2019. [19-1629] (KPC) [Entered: 10/17/2019 12:33 PM]
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| CORPORATE disclosure statement filed by Movant Institute for Constitutional Advocacy & Protection. [19-1629] (KPC) [Entered: 10/17/2019 12:36 PM] |
| PLEADING tendered: NINE (9) paper copies of amicus brief submitted by Movants Center for Constitutional Rights, Latino Justice PRLDEF and Lawyers for Civil Rights. [19-1629] (JMK) [Entered: 10/15/2019 04:55 PM] |
| CORPORATE disclosure statement filed by Movants American Society of Magazine Editors, Boston Globe Media Partners, LLC, First Look Media Works, Inc., MPA-The Association of Magazine Media, Meredith Corporation, National Freedom of Information Coalition, National Newspaper Association, National Press Photographers Association, New England First Amendment Coalition, New York Times, POLITICO LLC, Reporters Committee for Freedom of the Press, Society of Environmental Journalists, Society of Professional Journalists, The Center for Investigative Reporting, The Media Institute and Tully Center for Free Speech. [19-1629] (KPC) [Entered: 10/10/2019 10:36 AM] |
| NINE (9) paper copies of amicus brief [ # 6288102-2 ] submitted by Amicus Curiae Electronic Frontier Foundation. [19-1629] (JMK) [Entered: 10/10/2019 12:01 PM] |
| CORPORATE disclosure statement filed by Movants Center for Constitutional Rights, Latino Justice PRLDEF and Lawyers for Civil Rights. [19-1629] (KPC) [Entered: 10/10/2019 10:33 AM] |
| AMICUS CURIAE BRIEF filed by Movant Electronic Frontier Foundation. Certificate of service dated 10/03/2019. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 10/15/2019 . [19-1629] (KPC) [Entered: 10/08/2019 11:35 AM] |
| NINE (9) paper copies of appellee/respondent brief [ # 6286761-2 ] submitted by Appellees K. Eric Martin and Rene Perez. [19-1629] (JMK) [Entered: 10/07/2019 10:46 AM] |
| NOTICE of appearance on behalf of Movant(s) Lawyers for Civil Rights, Center for Constitutional Rights, LatinoJustice PRLDEF filed by Attorney Oren Nimni. Certificate of service dated 10/04/2019. [19-1629] CLERK'S NOTE: Party selection was incorrect. Document should not have been filed in additional cases, 19-1586, 19-1640. Correction made by clerk's office. No further action required. (ON) [Entered: 10/04/2019 04:48 PM] |
| AMICUS CURIAE BRIEF tendered by Institute for Constitutional Advocacy & Protection. [19-1629] CLERK'S NOTE: Document should not have been filed in additional case, 19-1640. Correction made by clerk's office. No further action required. (NYR) [Entered: 10/04/2019 12:15 PM] |
| NOTICE of appearance on behalf of Movant(s) Reporters Committee for Freedom of the Press, American Society of Magazine Editors, Boston Globe Media Partners, LLC, First Look Media Works, Inc., Media Institute, Meredith Corporation, MPA - the Association of Magazine Media, National Freedom of Information Coalition, National Newspaper Accosiation, National Press Photographers Association, New England First Amendment Coalition, The New York Times Company, POLITICO LLC, Reveal from the Center for Investigative Reporting, The Society of Environmental Journalists, Society of Professional Journalists, and The Tully Center for Free Speech filed by Attorney Bruce D. Brown. Certificate of service dated 10/04/2019. [19-1629] CLERK'S NOTE: Party selection was incomplete. Document should not have been filed in additional cases, 19-1586, 19-1640. Correction made by clerk's office. No further action required. (BDB) [Entered: 10/04/2019 05:40 PM] |
| MOTION for leave to file amicus curiae brief in support of Appellee filed by Movant(s) Lawyers for Civil Rights, Center for Constitutional Rights, LatinoJustice PRLDEF. Certificate of service dated 10/04/2019. [19-1629] CLERK'S NOTE: Party selection was incorrect. Document should not have been filed in additional cases, 19-1586, 19-1640. Correction made by clerk's office. No further action required. (ON) [Entered: 10/04/2019 04:42 PM] |
| AMICUS CURIAE BRIEF tendered by Reporters Committee for Freedom of the Press, American Society of Magazine Editors, Boston Globe Media Partners, LLC, First Look Media Works, Inc., Media Institute, Meredith Corporation, MPA - the Association of Magazine Media, National Freedom of Information Coalition, National Newspaper Accosiation, National Press Photographers Association, New England First Amendment Coalition, The New York Times Company, POLITICO LLC, Reveal from the Center for Investigative Reporting, The Society of Environmental Journalists, Society of Professional Journalists, and The Tully Center for Free Speech. [19-1629] CLERK'S NOTE: Party selection was incomplete. Document should not have been filed in additional cases, 19-1586, 19-1640. Correction made by clerk's office. No further action required. (BDB) [Entered: 10/04/2019 05:45 PM] |
| CORPORATE disclosure statement filed by Movant Electronic Frontier Foundation in 19-1629. [19-1629]. CLERK'S NOTE: Docket entry was removed from associated cases. (KPC) [Entered: 10/07/2019 04:27 PM] |
| NOTICE of appearance on behalf of Movant(s) Electronic Frontier Foundation filed by Attorney Sophia Cope. Certificate of service dated 10/03/2019. [19-1629] CLERK'S NOTE: Document should not have been filed in additional cases, 19-1586, 19-1640. Correction made by clerk's office. No further action required. (SSC) [Entered: 10/03/2019 03:26 PM] |
| AMICUS CURIAE BRIEF tendered by Electronic Frontier Foundation. [19-1629] CLERK'S NOTE: Document should not have been filed in additional cases, 19-1586, 19-1640. Correction made by clerk's office. No further action required. (SSC) [Entered: 10/03/2019 03:27 PM] |
| NOTICE of appearance on behalf of Movant(s) Institute for Constitutional Advocacy & Protection at Georgetown University Law Center filed by Attorney Nicolas Y. Riley. Certificate of service dated 10/03/2019. [19-1629] CLERK'S NOTE: Document should not have been filed in additional case, 19-1640. Correction made by clerk's office. No further action required. (NYR) [Entered: 10/03/2019 06:57 PM] |
| APPELLEES' BRIEF filed by Appellees K. Eric Martin and Rene Perez. Certificate of service dated 09/27/2019. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 10/09/2019 . [19-1629] (AMM) [Entered: 10/02/2019 04:59 PM] |
| BRIEF tendered by Appellees K. Eric Martin and Rene Perez in 19-1629. [19-1629] CLERK'S NOTE: Document should not have been filed in additional cases, 19-1586, 19-1640. Correction made by clerk's office. No further action required. (JJR) [Entered: 09/27/2019 05:09 PM] |
| SUPPLEMENTAL record filed. Docket entries: 104 in 1:16-cv-10462-PBS (2 DVD's re 101 MOTION for Summary Judgment); 124 in 1:16-cv-11362-PBS (2 video disks of Exhibit Q; 1 video disk of Exhibit S; 2 video disks of Exhibits R, T, U, and V); 131 in 1:16-cv-10462-PBS (1 DVD - Exh 5 and 1 CD Exh 8 re 111 MOTION for Summary Judgment); 148 in 1:16-cv-10462-PBS (1 CD-R With Exhibits 1,2 and 5 re 139 Response). [19-1586, 19-1629, 19-1640] (KPC) [Entered: 09/18/2019 09:47 AM] |
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ORDER entered by William J. Kayatta, Jr., Appellate Judge: The parties' "joint motion to order transmission of physical exhibits from district court" is granted. The Clerk of the United States District Court for the District of Massachusetts is directed to transmit to this court the physical exhibits identified in Attachment A to the parties' motion. [19-1586, 19-1629, 19-1640] (KPC) [Entered: 09/03/2019 02:25 PM]
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| JOINT MOTION To Order Transmission of Physical Exhibits from District Court filed by Appellant/Cross-Appellee Rachael Splaine Rollins and Appellee/Cross-Appellant Project Veritas Action Fund in 19-1586, Appellant Rachael Splaine Rollins and Appellees Rene Perez and K. Eric Martin in 19-1629, 19-1640. Certificate of service dated 08/29/2019. [19-1586, 19-1629, 19-1640] (EAH) [Entered: 08/29/2019 09:51 AM] |
| NINE (9) paper copies of appellant/petitioner brief [ # 6277260-2 ] submitted by Appellant/Cross-Appellee Rachael Splaine Rollins in 19-1586, 19-1640, Appellant Rachael Splaine Rollins in 19-1629. [19-1586, 19-1629, 19-1640] (JMK) [Entered: 08/26/2019 04:57 PM] |
| APPELLANT/CROSS-APPELLEE'S PRINCIPAL BRIEF filed by Appellant/Cross-Appellee Rachael Splaine Rollins in 19-1586, 19-1640, Appellant Rachael Splaine Rollins in 19-1629. Certificate of service dated 08/21/2019. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 08/30/2019 . [19-1586, 19-1629, 19-1640] (AMM) [Entered: 08/23/2019 10:16 AM] |
| BRIEF tendered by Appellant/Cross-Appellee Rachael Splaine Rollins in 19-1586, Appellant Rachael Splaine Rollins in 19-1629, 19-1640. [19-1586, 19-1629, 19-1640] (EAH) [Entered: 08/21/2019 02:27 PM] |
| JOINT APPENDIX filed by Appellant/Cross-Appellee Rachael Splaine Rollins in 19-1586, 19-1640, Appellant Rachael Splaine Rollins in 19-1629. Number of volumes: 2. Number of copies: 5. Certificate of service dated 08/21/2019. [19-1586, 19-1629, 19-1640] (AMM) [Entered: 08/21/2019 03:44 PM] |
| NOTICE of appearance on behalf of Appellees K. Eric Martin and Rene Perez filed by Attorney Matthew R. Segal. Certificate of service dated 08/06/2019. [19-1629] (MRS) [Entered: 08/06/2019 02:36 PM] |
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ORDER entered by David J. Barron, Appellate Judge: The parties' joint motion requesting consolidation and other relief is granted as follows: (1) Appeal Nos. 19-1586, 19-1640, and 19-1629 are hereby consolidated for the purposes of briefing and oral argument. (2) Rachael Rollins, in her official capacity as District Attorney for Suffolk County, is designated as the appellant in all three appeals. (3) The parties' proposed briefing schedule is adopted and the requested briefing enlargements are granted, as set forth in the separate briefing schedule and information sheet. [19-1586, 19-1640, 19-1629] (KC) [Entered: 07/31/2019 02:27 PM]
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| CROSS-APPEAL briefing schedule set pursuant to F.R.A.P. 28.1. Principal Brief and Appendix due 08/21/2019 for appellant/cross-appellee Rachael S. Rollins. Principal/Responsive Brief due 09/27/2019 for appellee/cross-appellant Project Veritas Action Fund. Response brief due 09/27/2019 for appellees K. Eric Martin and Rene Perez. Response/Reply Brief due 11/04/2019 for appellant/cross-appellee Rachael S. Rollins. Reply Brief due 11/25/2019 for appellee Project Veritas Action Fund. [19-1586, 19-1629, 19-1640] (KC) [Entered: 07/31/2019 02:36 PM] |
| NOTICE of appearance on behalf of Appellees K. Eric Martin and Rene Perez filed by Attorney William D. Dalsen. Certificate of service dated 07/09/2019. [19-1629] (WDD) [Entered: 07/09/2019 11:36 AM] |
| NOTICE of appearance on behalf of Appellant Rachael Splaine Rollins filed by Attorney Eric A. Haskell. Certificate of service dated 07/05/2019. [19-1629] (EAH) [Entered: 07/05/2019 11:31 AM] |
| TRANSCRIPT report/order form filed by Appellant Rachael Splaine Rollins indicating all necessary transcripts have already been filed in district court. Certificate of service dated 07/05/2019. [19-1629] (EAH) [Entered: 07/05/2019 11:32 AM] |
| DOCKETING statement filed by Appellant Rachael Splaine Rollins. Certificate of service dated 07/05/2019. [19-1629] (EAH) [Entered: 07/05/2019 11:33 AM] |
| JOINT MOTION to consolidate cases, and to set briefing schedule filed by Appellant Rachael Splaine Rollins. Certificate of service dated 07/05/2019. [19-1629] (EAH) [Entered: 07/05/2019 11:36 AM] |
| NOTICE of appearance on behalf of Appellees K. Eric Martin and Rene Perez filed by Attorney Jessie Rossman. Certificate of service dated 07/02/2019. [19-1629] (JJR) [Entered: 07/02/2019 04:09 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #179) filed by Appellant Rachael Splaine Rollins. Docketing Statement, Transcript Report/Order form, and Appearance form due 07/09/2019. [19-1629] (KC) [Entered: 06/25/2019 03:17 PM] |
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