United States First Circuit

In a 42 U.S.C. section 1983 suit arising out of a shooting death at the hands of Puerto Rico police officers, sua sponte dismissal of plaintiff's claim is reversed where the claims stated under the Fourth and Fourteenth Amendments were not patently meritless and beyond all hope of redemption. Dismissal of all other claims is affirmed.

Appellate Information

• Decided 08/07/2007
• Published 08/07/2007

Judges

• SAYLOR, District Judge., Before BOUDIN, Chief Judge, HOWARD, Circuit Judge, and SAYLOR, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jo-Ann Estades Boyer, for appellants.


• For Appellees:
  
• Salvador J. Antonnetti-Stutts, Solicitor General, with whom Mariana Negrón-Vargas, Deputy Solicitor General, Maite D. Oronoz Rodríguez, Deputy Solicitor General, and Susana I. Peñagarícano-Brown, Assistant Solicitor General, were on brief, for appellees Roberto Sánchez Ramos and Pedro Toledo.