1st Circuit Ct. of App. – GALILEO MONDOL et al vs. CITY OF SOMERVILLE

The US Court of Appeals for the First Circuit on August 20th issued its decision in Galileo Mondol et al vs City of Somerville, in which it affirmed summary judgment for the defendants in a suit for damages related to alleged sexual assaults at a summer soccer camp.  In addressing the speculative nature of the Plaintiffs’ allegations, the Court stated that, the claims [Mondol, et al] assert against the Appellees would require the Court to create a pyramid of inferences, which the Court declined to do. “Assumptions are not a substitute for evidence.  In this instance, [Appellants’] assertion[s] pile inference upon inference until the entire pyramid topples of its own weight.” P.4.   As to [Mondol’s] allegations that the evidence could lead one to the reasonable inference that the Appellee city officials were engaged in a conspiracy, the Court stated that “[t]his is beyond speculative and borders on the preposterous.”  P. 7.  Congrats to MMLA members Leonard Kesten and his colleagues from Brody, Hardon, Perkins and Kesten, and Somerville City Solicitor Frank Wright for this successful outcome.  Click here for the full decision of the Court of Appeals.

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