In Xerxes Aghassipour, et al. v. Cormie, et al. (Dukes County Superior Court Case No. 2574CV00002), Plaintiff alleged that officials of the Town of Tisbury and the Martha’s Vineyard Commission were individually liable for violations of his substantive and procedural due process rights asserted under § 1983. Plaintiff’s claims were based on a development project in Tisbury permitted for a single-family residence, which he sought to impermissibly use as workforce housing for the Vineyard Wind, LLC, project. The Plaintiff alleged that WSSLLP’s clients abused their influence within the town to conspire against him by exchanging disparaging text messages regarding the Plaintiff and the development project. The Court, on a 12(b)(6) motion, dismissed the entire action against WSSLLP’s clients. In denying Plaintiff’s claim for violation of § 1983 substantive and procedural due process, the Court found that the Defendant-town employee was not acting under the color of state law when she exchanged the text messages. Also, that Plaintiff failed to demonstrate any deprivation of life, liberty or property interest that shocked the conscience. In turn, because the underlying due process claim failed, the Court determined that there was no grounds for either Client to engage in a conspiracy to violate the Plaintiff’s due process rights. To read the entire decision, click here.