Sexual Minorities Uganda v. Lively, No. 17-1593 (1st Cir. 2018)Annotate this Case
The First Circuit dismissed this appeal in part for want of appellate jurisdiction and otherwise affirmed the district court’s dismissal of the underlying action asserting a claim under the Alien Tort Statute (ATS), 28 U.S.C. 1350, and common-law claims for negligence and civil conspiracy, holding that this Court lacked jurisdiction to consider two of Defendant's claims on appeal.
Plaintiff’s complaint premised jurisdiction both on the ATS and on diversity of citizenship. Plaintiff also invoked the district court’s supplemental jurisdiction over the state law claims. The district court dismissed the ATS claim for want of subject-matter jurisdiction and declined to exercise supplemental jurisdiction over the state law claims. Defendant appealed. The First Circuit held (1) this Court lacked jurisdiction to consider Defendant’s request to purge certain unflattering comments from the district court’s opinion; (2) judicial estoppel barred Defendant’s argument that the district court, even after dismissing the ATS claim, had an alternative basis for federal subject-matter jurisdiction; (3) the district court did not abuse its discretion in declining to exercise supplemental jurisdiction over Plaintiff’s state-law claim; and (4) this Court lacked jurisdiction to entertain Defendant’s claim that the district court erred in declining to grant his first motion to dismiss.