Godin v. Schencks, 09-2324 - U.S. First Circuit
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Godin v. Schencks, 09-2324

Denial of anti-SLAPP motion reversed

Godin v. Schencks, 09-2324, concerned a challenge to the district court's denial of the individual defendants' motions to dismiss under Maine's anti-SLAPP statute, in a former elementary school principal's suit against a school board and a union, claiming violation of her due process rights under 42 U.S.C. section 1983, and state law claims against three school employees. 

 

First, the court held that the supplemental jurisdiction exists over plaintiff's state-law claims under section 1367(a), as well as appellate jurisdiction.  The court then went onto hold that,  because neither Fed. R. Civ. P. 12(b)(6) nor Fed. R. Civ. P. 56 is sufficiently broad to control the issues raised by the individual defendants' section 556 special motion, the district court erred in denying the motion on the basis that section 556 was displaced, as holding to the contrary would deprive the defendants of section 556 protection solely on account of the fact that they are joined as defendants in this ligation with the school board and the union, against whom federal claims are raised.

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