Legal Opinion

Pendleton v. City of Haverhill

Court of Appeals for the First Circuit

Decided September 3, 1998No. 97-2376PublishedCited by 74 opinions

1Opinion of the Court

SELYA, Circuit Judge.

This appeal presents a problematic First Amendment question as to whether the plaintiff was a “limited-purpose public figure” required to prove actual malice in order to recover for defamation. After careful consideration of this, and other, issues, we reject the plaintiff’s appeal.

I. THE PREDICATE FACTS

Plaintiff-appellant Toney Pendleton, an African American in his mid-forties, hails from Haverhill, Massachusetts. He is well known in the community both because of his family ties and because of his exploits as a high-school athlete.

A. The Job Market.

Starting in the late…

2Cases cited47 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Pembaur v. City of CincinnatiSupreme Court of the United States · 1986
  3. Paul v. DavisSupreme Court of the United States · 1976
  4. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  5. Siegert v. GilleySupreme Court of the United States · 1991

42 more not listed; retrieve them via the Exa API.

3Cited by74 opinions

  1. United States v. Perez-RuizCourt of Appeals for the First Circuit · 2003
  2. Faigin v. Kelly & CarucciCourt of Appeals for the First Circuit · 1999
  3. Wojcik v. Massachusettts State Lottery CommissionCourt of Appeals for the First Circuit · 2002
  4. Gomez-Candelaria v. Rivera-RodriguezCourt of Appeals for the First Circuit · 2003
  5. URI Student Senate v. Town of NarragansettCourt of Appeals for the First Circuit · 2011

69 more not listed; retrieve them via the Exa API.

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