
USCA1 Opinion

	




                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ____________________        No. 96-2224                                   ALBERT ROSELLE,                                Plaintiff, Appellant,                                          v.                   KEVIN J. FITZGERALD, FITZ-INN AUTO PARKS, INC.,                             & BOSTON POLICE DEPARTMENT,                                Defendants, Appellees.                                 ____________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                          FOR THE DISTRICT OF MASSACHUSETTS                   [Hon. Douglas P. Woodlock, U.S. District Judge]                                              ___________________                                 ____________________                                        Before                                Torruella, Chief Judge,                                           ___________                           Stahl and Lynch, Circuit Judges.                                            ______________                                 ____________________            Damon Scarano on brief for appellant.            _____________            John  J. McArdle on  brief for  appellees Kevin  J. Fitzgerald and            ________________        Fitz-Inn Auto Parks, Inc.                                 ____________________                                     May 8, 1997                                 ____________________                      Per Curiam.  We have carefully reviewed the record,                      __________            the district  court  opinion and  the  parties' briefs.    We            summarily affirm the district court judgment essentially  for            the reasons stated in its Memorandum and Order dated December            8, 1995. We add only the following comments.                 Appellant argues that the  termination of his employment            violated the  state policy  which presumes  an accused to  be            innocent  until  proven guilty.   This  presumption, however,            serves to focus a jury on what a prosecutor must establish so            as to obtain a conviction in a criminal case. Commonwealth v.                                                          ____________            Boyd, 367 Mass. 169, 188, 326 N.E.2d 320, 332 (1975).  It has            ____            no applicability in the employment context and, consequently,            does not warrant invocation of the public policy exception to            the employment-at-will  rule. See Borschel v.  City of Perry,                                          ___ ________     _____________            512  N.W.2d  565, 568  (Iowa  1994)(presumption  of innocence            "limited to criminal  procedures" and is not "a public policy            applicable  in  the  employment  context");  Cisco  v. United                                                         _____     ______            Parcel  Services, Inc.,  328 Pa.  Super. 300, 476  A.2d 1340,            ______________________            1344 (1984) (presumption of innocence applies to trial and is            not   "superimposed   into   an   accused's   remaining  life            experiences");  cf.  King v.  Driscoll,  418  Mass. 576,  584                            ___  ____     ________            (1994)(statutory  right "must  relate  to or  arise from  the            employee's status  as an  employee" to warrant  invocation of            public policy exception).                                         -2-                 The district  court judgment dated December  11, 1995 is            affirmed. See Loc. R. 27.1.            ________  ___                                         -3-
