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United States First Circuit


Whitfield v. Melendez-Rivera, 04-1217, 04-1218, 04-1219

Jury verdict and award in a civil rights suit brought under 42 U.S.C. section 1983 involving a police shooting is vacated as to the liability of the municipal and supervisor defendants on grounds of qualified immunity, and conditionally vacated as to the compensatory damage awards for plaintiffs.

Appellate Information

  • Decided 12/06/2005
  • Published 12/06/2005

Judges

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

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Gael Mahony with whom Stephen S. Young, Holland & Knight, LLP, Etienne Totti Del Toro, and Totti & Rodriguez Diaz, were on brief, for appellant, Municipality of Fajardo., Eileen Landron Guardiola, with whom William Vázquez Irizarry, Secretary of Justice, Ivonne Palerm, Deputy Secretary of Justice in Charge of Litigation, Eduardo Vera Ramírez and Landrón & Vera, LLP, were on brief, for appellants, Anibal Meléndez-Rivera, Ismael Álvarez-Monge and Maria L. Lebrón-Ramos., Tessie M. Leal-Garabis, with whom Gary H. Montilla, and Quiñones & Sánchez, P.S.C., were on brief, for appellant, William Mangomé-Roldán.

  • For Appellees:
  • John F. Nevares with whom John F. Nevaresand Associates P.S.C., Camilo K. Salas III, Karen M. Fontana, and Niles, Salas, Bourque & Fontana, L.C., were on brief for appellees.
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