Brait Builders Corp. v. Massachusetts, Division of Capital Asset Management

TORRUELLA, Circuit Judge.

In this appeal, plaintiff-appellant Brait Builders Corporation (“Brait”) challenges the district court’s dismissal of its claims— brought under 42 U.S.C. § 1983 and Massachusetts state law — against the Commonwealth of Massachusetts, Division of Capital Asset Management (“DCAM”). The district court issued a judgment dismissing the § 1983 claim with prejudice under Federal Rule of Civil Procedure 12(b)(6) on the ground that the interests asserted by Brait were not property interests protected by the Fourteenth Amend ment of the United States Constitution. In addition,…