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863 F.2d 1037

Docket No. 88-1392.

Creamer v. Danks

United States Court of Appeals, First Circuit.

Dec. 5, 1988.

Cited by 1 later decisions — most recently November 2003

1 federal appellate ·

2 counsel of record

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 5 U.S.C. § 702

Relies on Harlow v. Fitzgerald · Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Anderson v. Creighton

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1988-12-05

View the full empirical analysis of this case →

Edward R. Benjamin, Jr., with whom Jonathan S. Piper and Preti, Flaherty, Beliveau & Pachios, Portland, Me., were on brief, for plaintiffs, appellants.

Lawrence S. Delaney with whom Jeffrey M. White and Pierce, Atwood, Scribner, Allen, Smith & Lancaster, Portland, Me., were on brief, for defendant, appellee.

Before CAMPBELL, Chief Judge, TIMBERS,* Senior Circuit Judge, and TORRUELLA, Circuit Judge.

PER CURIAM.

¶1

After consideration of the briefs, arguments and record, we affirm substantially for the reasons set forth in the magistrate's careful and lucid opinion. 700 F.Supp. 1169.

¶2

We add that, of course, the absolute privilege for statements made in the course of judicial proceedings bars not only plaintiffs' defamation claim, but all the causes of action alleged against defendant, including negligence for professional malpractice. Dunbar v. Greenlaw, 152 Me. 270, 128 A.2d 218 (1956) (judicial proceeding privilege bars malpractice against certifying physician in insanity proceeding). See also Sriberg v. Raymond, 544 F.2d 15, 16 (1st Cir.1976) (judicial proceedings privilege results in "freedom from civil liability").

¶3

AFFIRMED.

*

Of the Second Circuit, sitting by designation

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