In this federal civil rights claim, a citizen sued the City of Worcester, the City Manager, the former City Solicitor and a member of the City Council. The plaintiff, who previously had petitioned the City Council for action on various topics, alleged that the City and its officials violated the applicable law based upon the handling of those petitions.
RJA Attorney Andy Gambaccini represented the defendants in the action and filed a motion to dismiss on behalf of all defendants, arguing that the complaint failed to state a viable legal claim. In part, the motion material argued that the plaintiff lacked standing, defined legally as a particularized injury affecting the claimant in a personal way. The motion material also argued that, while there is a recognized constitutional right to petition the government for redress of perceived grievances, that right does not extend to include governmental action, much less action to the complainant’s personal liking, in response to the petition. Here, the plaintiff’s petitions were received and processed according to law and that the action the plaintiff called for was not undertaken does not provide the plaintiff with grounds for a lawsuit.
The federal court agreed, dismissing the plaintiff’s action in its entirety.
