United States First Circuit

Summary judgment for defendants in a 42 U.S.C. section 1983, ADA and equal protection suit arising out of the treatment of a mentally ill man and his eventual death at the hands of police is affirmed where: 1) officers who entered the man's home had qualified immunity from the 1983 suit; 2) plaintiff did not present a viable claim under Title II of the ADA; and 3) plaintiff did not establish a viable "class of one" equal protection claim against the deceased's case worker.

Appellate Information

• Decided 11/16/2006
• Published 11/16/2006

Judges

• LYNCH, Circuit Judge., Before LYNCH, Circuit Judge, SILER, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert J. Stolt, with whom Lipman, Katz & McKee, P.A. was on brief, for appellants., Jessica Dunsay Silver, Attorney, United States Department of Justice, Civil Rights Division, Appellate Section, with whom Wan J. Kim, Assistant Attorney General, and Sarah E. Harrington, Attorney, United States Department of Justice, Civil Rights Division, Appellate Section, were on brief, for the United States as intervenor.


• For Appellees:
  
• Christopher C. Taub, Assistant Attorney General, with whom G. Steven Rowe, Attorney General, and Paul Stern, Deputy Attorney General, Of Counsel, were on brief, for appellees State of Maine, Lynn Duby, Julianne Edmondson, Joel Gilbert, and John Nicholas., Peter T. Marchesi, with whom Cassandra S. Shaffer and Wheeler & Arey, P.A. were on brief, for appellees Lincoln County, Robert Emerson, Kenneth Hatch, William Carter, and Todd Brackett.