United States First Circuit

In a civil rights action involving the seizure and killings of pet cats and dogs, district court judgment is affirmed in part and reversed in part where: 1) the district court properly denied defendant qualified immunity on the Fourth Amendment claims, as the court cannot conclude on the basis of the pleadings alone an objective official in the Mayor's position would have reasonably concluded his actions in implementing and executing the pet policy were not a violation of the Fourth Amendment; and 2) applying the Supreme Court's new decision in Ashcroft v. Iqbal, defendant is entitled to qualified immunity on the Fourteenth Amendment substantive due process claims as the allegations against him do not establish that his involvement was sufficiently direct to hold him liable for violations of the plaintiffs' substantive due process rights.

Appellate Information

• Decided 06/04/2009
• Published 06/04/2009

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, FARRIS  and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Luis F. Colon Gonzalez with whom Colon Gonzalez & Co., P.S.C. was on brief for appellant.


• For Appellees:
  
• Pedro R. Vázquez with whom Mara S. Kortright was on brief for appellees.