Federal Judge Dismisses Lawsuit Against Rowley

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Pierce Davis & Perritano lawyer John J. Davis was quoted in the Daily News of Newburyport article “Federal judge dismisses lawsuit against Rowley.” John Davis and John Wilusz represented the town of  Rowley in this First Amendment lawsuit, Comley v. Town of Rowley.

In a Verified Complaint filed in Essex Superior Court, Stephen B. Comley, Sr. sued the Town and Board of Selectmen (in both their official and individual capacities) for violating his First Amendment right to free speech, for violating his Fourteenth Amendment right to equal protection, and for civil conspiracy. Defendants removed the case to Federal Court and, after filing an Answer, moved for relief under Rule 12(c).

United States District Court Judge Rya Zobel granted the defendants’ Motion for Judgment on the Pleadings and dismissed the case against the Town, Board of Selectmen and the state highway department.

John Davis was quoted in the Daily News of Newburyport as follows:

“Town officials respect all political points of view and protected First Amendment activity,” Davis said. “No town official or employee ever silenced Mr. Comley or discriminated against him because of the content of his speech. The court ruling confirms that.”

For more information about this case, please see