Fuck the Feds
Maine Federal Accountability Cases
ACTIVE APPEALFirst Circuit

Reardon v. Lizotte, et al.

Darcie N. McElwee and Andrew K. Lizotte

Court
U.S. Court of Appeals for the First Circuit
Appeal
No. 26-1525
Underlying case
D. Me. No. 1:25-cv-00191-NT

Last verified: not yet. Check the linked court record for the current status before relying on it.

Case summary

Nathan Reardon sued former United States Attorney Darcie N. McElwee and former Assistant United States Attorney Andrew K. Lizotte in their individual capacities.

The lawsuit arose from the federal government's opposition to Reardon's request to move his criminal trial from Bangor to Portland. Reardon alleged that the defendants' conduct contributed to the deprivation of his constitutional right to a fair trial and sought both monetary and declaratory relief.

The District Court dismissed the action at preliminary review on prosecutorial-immunity grounds. Reardon appealed.

In First Circuit Appeal No. 26-1525, Reardon argues that even if absolute prosecutorial immunity prevents personal damages liability for traditional prosecutorial advocacy, the District Court improperly treated that immunity as eliminating the complaint's separate request for declaratory or equitable relief without independently analyzing that claim.

The appeal also argues that Reardon's pro se constitutional claim should have been analyzed under the Fifth Amendment and federal-question jurisdiction and that he should, at minimum, have been permitted to amend the equitable-relief component of the complaint.

Where the case stands

  1. Filing

    Allegation

    Reardon sued McElwee and Lizotte in their individual capacities, alleging that their conduct in opposing his request to move his criminal trial from Bangor to Portland contributed to the deprivation of his right to a fair trial. He sought monetary and declaratory relief.

  2. District Court action

    Procedural ruling

    Dismissed at preliminary review on prosecutorial-immunity grounds.

  3. Appeal

    Party argument

    Reardon appealed. In No. 26-1525 he argues that immunity from damages should not have ended his separate request for declaratory or equitable relief, and that his claim should have been analyzed under the Fifth Amendment and federal-question jurisdiction.

  4. Current status

    Docket record

    Active appeal in the First Circuit.

How to read the labels

Allegation
A claim made by a party, not yet established by adjudication.
Procedural ruling
A decision based on procedure, immunity, jurisdiction, timeliness, pleading, or a similar threshold ground.
Court finding
A factual or legal determination actually made by the court.
Party argument
A position a party argues to a court, such as in an appeal brief.
Docket record
A fact shown on the court's public docket, such as a filing, deadline or status.
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