A federal judge this week tossed a Lowell man's suit against Marty Walsh for urging right wingers not to rally on Boston Common the week after one of their compatriots murdered a woman in Charlottesville.
Brandon Navom had claimed Marty Walsh libeled him personally in the days before a dozen rightwingers briefly milled about the Parkman Bandstand in 2017, but both a Middlesex Superior Court judge and the Massachusetts Appeals Court noted Walsh never actually named Navom, that the mayor had a right to speak both under the First Amendment and in his role as an elected official discussing public-safety matters and that Walsh's comments didn't stop the rally and it's not his fault Navom chose not to attend.
In his ruling this week, US District Court Judge Judge Mark Mastroianni ruled that Navom's pleadings were identical to those in his state cases and that he raised no new issues, and so dismissed his federal suit under the legal doctrine of "claim preclusion," which "forecloses further litigation to resolve issues arising from a transaction or series of transactions that has already been litigated to the point of a valid and final judgment."
Navom brought the federal action by himself. In state court, he was represented by Rinaldo Del Gallo III of Pittsfield, who also represented Washington putschist Mark Sahady of Malden after Sahady was arrested in January.
Walsh and the city still face similar federal lawsuits from two other people connected with the 2017 rally. Samson Racioppi sued Walsh and Charlie Baker last August. Shiva Ayyadurai, yes, that Shiva Ayyadurai, sued Walsh and then Police Commissioner William Evans in August as well.