Legal Opinion · Dissent

Richard v. Regional School Unit 57

Court of Appeals for the First Circuit

Decided August 21, 2018No. 17-2200PPublished

1Dissent

TORRUELLA, Circuit Judge (Dissenting).

Despite the formidable standard of review, see Anderson v. City of Bessemer City, 470 U.S. 564, 573, 105 S.Ct. 1504, 84 L.Ed.2d 518 (1985) (stating that "a finding of intentional discrimination is a finding of fact," to which we apply the clear error review), where we have a "strong, unyielding belief that a mistake has been made," it is our duty to reverse or remand, Powell v. Alexander, 391 F.3d 1, 7 (1st Cir. 2004) (quoting Fed. Refinance Co. v. Klock, 352 F.3d 16, 27 (1st Cir. 2003) ). I am of the firm belief that this is that rare case in which the…

2Cases cited17 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Burlington Northern & Santa Fe Railway Co. v. WhiteSupreme Court of the United States · 2006
  4. Samuel Mesnick v. General Electric CompanyCourt of Appeals for the First Circuit · 1991
  5. Powell v. AlexanderCourt of Appeals for the First Circuit · 2004

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