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____________________
No. 95-1557
WILLIAM J. CORCORAN,
Plaintiff, Appellant,
v.
Defendants, Appellees.
____________________
____________________
Before
____________________
Town Counsel,
on
brief
for appellees
Town
Sudbury, et al.
David J. Hatem, Warren D. Hutchison,
______________ ___________________
Bu
__
__________
Wayne H. Scott on brief for appellee Wayne H. Scott.
______________
Mark A. McCormack
__________________
on brief
for appel
brief
____________________
____________________
Per Curiam.
__________
dismissal
by
the
Appellant William J.
United
States
District
Court
for
the
District
of
violations
and 42
Massachusetts
negligence.
Corcoran's
dismissal
complaint
alleging
1985, and a
state law
claim for
1983
attorney
by
the
Sudbury
request for
parcel of land.
eventually
his
U.S.C.
decision
of
Town
Planning
approval of
a plan
Board
denying
to subdivide
Massachusetts
We affirm the
Corcoran
procedural and
alleges
violations of
his federal
rights to
to equal protection.
Therefore, his
Corcoran's
right
to
procedural due
plan by
provided
Cir. 1991)
state
error).
(no violation
was
through the
the state
appellate process.
of
not
an adequate remedy
process
procedural due
31 (1st
process
where
relief,
the
mere
delay
in
obtaining
that
relief
is
Licari
______
process claim.
See
___
cases).
he has alleged
no facts
which in any
because
sense constitute
the
substantive
due process
claim in
the context
of
a zoning
dispute.
Corcoran's claim
right
has
that he
to equal protection is
race, religion,
precluded by the
of his
fact that he
he might have
constitutional rights,
injure."
suffered a violation
or malicious
Rubinovitz v. Rogato,
__________
______
the exercise of
or bad faith
60 F.3d 906,
as
intent to
"As
a suit,
well
before
dismissal
claim."
the commencement
without prejudice
trial,
of any
will trigger
the
supplemental state
law
on
of
its assessment
of
the "totality
of circumstances,"
-3-
to
Id.
__
(giving
examples
of some
factors to
be considered
by the
the motion
does not
This
appear to
failure might
district
Wright
______
attorney negligence, it
induce
us to
remand
requisite calculus.
the case
to
the
See
___
court's
failure to
perform
requisite calculus).
However,
having reviewed
that this is an
should be exercised.
attorney negligence
court
with
prejudice to
instructions
Corcoran's
to
dismiss
Corcoran's refiling
to the district
the
the claim in
claim
without
state court.
claim for
848 F.2d
-4-