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Castro v. U.S. Dept. Housing, 96-1537 (1996)

Court: Court of Appeals for the First Circuit Number: 96-1537 Visitors: 6
Filed: Nov. 07, 1996
Latest Update: Mar. 02, 2020
Summary:  KEVIN M. CASTRO APPEAL FROM THE UNITED STATES DISTRICT COURT , _______________, Jean A. Boulanger and Capaldi Boulanger on brief for appellee, __________________ ____________________, Coventry Housing Authority. Adler v Lincoln Housing Authority, 623, _____ _________________________
USCA1 Opinion












[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________


No. 96-1537

KEVIN M. CASTRO,

Plaintiff, Appellant,

v.

UNITED STATES DEPT. OF HOUSING & URBAN DEVELOPMENT, ET AL.,

Defendants, Appellees.

____________________


APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF RHODE ISLAND

[Hon. Francis J. Boyle, Senior U.S. District Judge] __________________________

____________________

Before

Torruella, Chief Judge, ___________
Boudin and Lynch, Circuit Judges. ______________

____________________

Kevin M. Castro on brief pro se. _______________
Jean A. Boulanger and Capaldi & Boulanger on brief for appellee __________________ ____________________
Coventry Housing Authority.
Marc DeSisto, Kathleen M. Powers and DeSisto Law Offices on brief ____________ __________________ ___________________
for appellee Barry Yeaw, in his capacity as Treasurer of the Town of
Coventry.


____________________

November 7, 1996
____________________















Per Curiam. Having reviewed the parties' briefs, __________

we summarily affirm the judgment below on the ground that

appellant has made no developed argument for reversal. We

add that the individual police officers who arrested

appellant were never made parties to the instant lawsuit, and

that the Town of Coventry may not be held liable under 42

U.S.C. 1983 on a theory of respondeat superior. See Monell __________ ________ ___ ______

v. New York City Dep't of Soc. Servs., 436 U.S. 658, 691 _____________________________________

(1978). In addition, based on his filings below, it appears

as if the only damages appellant sought were punitive

damages. Such damages are not available under 42 U.S.C.

1983 against either the Town or the Coventry Housing

Authority. See City of Newport v. Fact Concerts, Inc., 453 ___ ________________ ____________________

U.S. 247, 271 (1981); Adler v Lincoln Housing Authority, 623 _____ _________________________

A.2d 20, 21 n.1 (R.I. 1993).

Affirmed. See Loc. R. 27.1. _________ ___





















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Source:  CourtListener

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