Our attorneys are frequently involved in interesting, cutting-edge and high-profile cases.  Some of those cases which may be of interest are listed here.  Come back and visit this page often, as this information is updated periodically.

       

 

PETER MARCHESI successfully defended Cumberland County in a hostile work environment sexual harassment case in the United States District Court. The case involved Plaintiff’s allegations that she was subject to hostile work environment sexual harassment, unlawful retaliation, and constructive discharge. Plaintiff alleged that beginning in late 2001 through July of 2002, she was subjected to offensive and unwanted sexual comments and conduct. She alleged that when she reported these allegations, she was retaliated against and ultimately forced to resign.

Plaintiff claimed both past and future lost wages and benefits associated with her constructive discharge claim, along with emotional distress, humiliation, and damage to her reputation.

Following a six-day jury trial, a unanimous verdict was returned for the Defendant.

 

Attorney Marchesi and Attorney Shaffer recently argued before the United States Court of Appeals for the First Circuit in Boston on a civil rights claim brought against Penobscot County and one of its deputy sheriffs. The attorneys had successfully sought and obtained summary judgment in favor of Penobscot County and the deputy sheriff, and that judgment was appealed by the Plaintiff.

The Plaintiff asserts a state law claim for illegal eviction, infliction of emotional distress, and conversion and constitutional claims for violations of his Fourth, Fifth, and Fourteenth Amendment rights as well as claims for failure to train.

The United States District Court granted summary judgment in favor of the Defendants on all counts. Plaintiff’s appeal was heard in Boston on February 9, 2006. Attorney Shaffer presented the case orally on behalf of the Defendants.

For more information regarding this matter, visit the United States District Court’s web site at:  United States District Court

 

Attorney Marchesi recently prevailed in the United States District Court on behalf of the Town of Madison. The Town was sued by a former employee alleging state law claims of defamation and violation of the Whistleblower’s Protection Act, as well as federal claims asserting First and Fourteenth Amendment violations.

Plaintiff claimed that she was terminated as a result of exercising her free speech rights concerning matters related to the operation and organization of the Town’s municipal offices and for reporting what she believed to be violations of laws and rules applicable to the Town.

Plaintiff had been employed as to the Town’s treasurer and clerk for a number of years. The town manager attempted to terminate her in July of 2002, but the board of selectmen reinstated her to her position finding that the town manager lacked the authority to terminate her. Following a hearing, the board of selectmen by majority vote terminated the Plaintiff’s employment with the Town, citing an inability to get along with office personnel.

Attorney Marchesi successfully sought and obtained summary judgment in favor of the Town on all counts. The Plaintiff has appealed the District Court’s decision. The matter is presently pending before the United States Court of Appeals for the First Circuit.

For more information regarding this matter, visit the United States District Court’s web site at:  United States District Court

 

Attorney Marchesi also recently prevailed in the United States District Court at the summary judgment level on behalf of Lincoln County. Lincoln County was sued, along with the State of Maine, by the family of a man who was shot and killed by police. The Plaintiff alleged violations of state and federal constitutional rights as well as the Americans with Disabilities Act.

Plaintiff’s decedent suffered from mental illness. Sheriff’s deputies were summonsed to his residence after a neighbor raised concerns regarding his well-being. Based upon the individual’s behavior, the deputies attempted to take him into protective custody. During this attempt, the man attacked one of the deputies, stabbing him repeatedly with a knife. The second deputy on the scene shot and killed the man.

The County, the former sheriff, the current sheriff, and the two deputy sheriffs were sued. Plaintiff alleged, among other things, that the deputies entered the home without a warrant and that the use of deadly force was unreasonable under the Fourth Amendment.

The County defendants argued that exigent circumstances applied in the case and that they had probable cause to believe that the man was mentally ill and posed an imminent risk of physical harm to himself.

Following discovery, Attorney Marchesi sought and obtained summary judgment in favor of the County defendants on all counts. The Court concluded that the deputies did not violate the individual’s constitutional rights and, even if they had, they were entitled to qualified immunity.

Plaintiff appealed the matter to the United States Court of Appeals for the First Circuit, which has recently reaffirmed the District Court's decision.

For more information regarding this matter, visit the United States District Court’s web site at: United States District Court or United States Court of Appeals for the First Circuit.

 

PETER MARCHESI has also been a frequent lecturer at seminars state wide. He has recently spoken at seminars for both attorneys and litigation paralegals on the topic of effective trial preparation and management.