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Boston seeks $11,857.50 from guy suing Marty Walsh for $100 million

Boston is asking a federal judge to order a Lowell guy who claims a North Adams address to reimburse it for the legal costs of rebutting his "frivolous" lawsuit over comments Mayor Walsh made before white supremacists held a tiny little protest on the Common while surrounded by tens of thousands of protesters.

In a request filed yesterday, city attorney Nieve Anjomi actually asked a judge in US District Court in Boston to toss Brandon Navom's suit, noting state courts had already rejected it as legally wrong, or in legal terms, for "failure to state a claim," because Marty Walsh has the same First Amendment rights as everybody else to declaim white supremacists and because he has "qualified immunity" because he was speaking as part of his job as mayor.

And while Navom filed the federal suit by himself and courts are reluctant to impose penalties on pro-se litigants for filing frivolous suits, Anjomi asked a judge to make an exception in his case for the $11,857.50 - at $450 an hour - he says he's already wasted on the matter:

Despite his pro se status, Plaintiff appears to be consulting with his former counsel concerning this latest lawsuit – which serves no purpose except to harass the defendants and waste time and resources. Plaintiff's conduct is an abuse of the legal process and should be sanctioned

Although Walsh never mentioned Navom - who says he didn't even attend the rally - by name, he still alleges that Walsh created a climate of fear and stamped on his First Amendment rights by urging organizers not to hold a white-supremacist rally on the Common days after other white supremacists beat up protesters in Charlottesville, VA and killed on by running her over.

In a memorandum supporting his request for reimbursement, Anjomi notes the path Navom's suit took in state courts before it was ultimately rejected by the Supreme Judicial Court, which refused to even hear the case after the Massachusetts Appeals Court and a Middlesex Superior Court judge dismissed it: Navom originally filed it in Berkshire Superior Court, claiming a North Adams address, but a judge there transferred it to Middlesex Superior Court after learning the North Adams address was actually that of Navom's parents, and that Navom was a resident of Lowell, which is in Middlesex County.

In 2013, Navom unsuccessfully ran for a seat on the Lowell City Council, where one of his platforms was support for residents who want to raise chickens in their backyards.

PDF icon City request for payment302.93 KB

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Keep chickens in your back yard should be a Right according to this guy, keeping chickens and chicken feed in your backyard is a recipe for Rat infestation for those who live nearby.

Voting closed 17

Put the feed in a metal can. Problem solved.

Same goes for trash, but nobody's suggesting banning that entirely.

Plenty of cities allow chickens and it works just fine. Including Boston.

Voting closed 6

I have a family within sight of my house with chickens. They cause no problem and are a pleasure to see running around. (No roosters, obviously.)

Voting closed 4

Nieve is a guy.

Voting closed 15

Gender fixed in story.

Voting closed 13

Good for Boston! Glad to see they're trying to ensure our tax dollars don't pay for this frivolous lawsuit. Let's hope the judge agrees...

Voting closed 21

in that can adjudicate this case?

Voting closed 11

I am hoping that Shiva will sue this guy, on the grounds that ludicrous lawsuits against public officials were invented by him, and Nieve's trying to steal his idea. Then the judge in the case could fine them each $12M for offenses to the public's patience and sanity, to the delight of said public.

Voting closed 19

Shiva didn't invent lawsuits, he only claims to have invented LAWSUITS.

Voting closed 12

The support for backyard chickens is just a red herring. We're on to you.

Voting closed 12

This lawsuit is a load of crap.

But if the city attorney wants to reduce waste in the city budget, he can start by reducing his rate. $450 per hour is obscene.

It doesn't make it right just because everyone else is doing it. Change has to start somewhere.

Voting closed 14