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Gardner v. Vespia

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APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND [Hon. Mary M. Lisi, U.S. District Judge]

This appeal arises from an action for damages filed by appellant Geoffrey Gardner against South Kingstown (Rhode Island) Chief of Police Vincent Vespia pursuant to 42 U.S.C. � 1983. Specifically, appellant alleges that Vespia violated his Second and Fourteenth Amendment rights when he concluded that Gardner’s prior nolo contendere plea for misdemeanor domestic assault constituted a “conviction” under 18 U.S.C. � 922(g)(9), thereby disqualifying him from purchasing a firearm. The district court granted summary judgment in favor of Vespia, stating that he was entitled to qualified immunity because it was not clearly established whether a “conviction” under � 922(g)(9) is defined by state or federal law. Because we hold that appellant has failed to allege the deprivation of a constitutional right, we affirm the district court’s grant of summary judgment.

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