United States First Circuit

The state's failure to protect an individual rarely amounts to a constitutional violation, even if the state's conduct is grossly negligent.

Appellate Information

• Decided 03/22/2005
• Published 03/22/2005

Judges

• LYNCH, Circuit Judge., Before LYNCH, Circuit Judge, CAMPBELL, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Michael T. Eskey, with whom Amato A. DeLuca, Miriam Weizenbaum, DeLuca & Weizenbaum Ltd., Nick Brustin, and Cochran, Neufeld & Scheck, LLP were on brief, for Appellant.


• For Appellees:
  
• Marc DeSisto, with whom Kathleen M. Daniels and DeSisto Law were on brief, for Appellees Randy White and George Page., Joseph F. Penza, Jr., with whom Martin K. DeMagistris and Olenn & Penza, LLP were on brief, for Appellees Emilio Matos and John Finegan., Kevin F. McHugh, Assistant City Solicitor, Providence Law Department, with whom Joseph M. Fernandez, City Solicitor, and Caroline Cole Cornwell, Assistant City Solicitor, were on brief, for Appellees City of Providence and Urbano Prignano, Jr.