United States First Circuit

In an action under 42 USC section 1983 against multiple defendants arising from the shooting death of a police officer in a police training exercise, the district court's dismissal for failure to state a claim is: 1) reversed as to as to the defendant officers directly involved, as facts that would "shock the conscience" were sufficiently pled in support of a claim of a violation of the plaintiffs' substantive due process rights under the 14th Amendment; 2) reversed as to the police defendants not present that day, but with direct responsibility for training, as it could be inferred that their failures were so lacking in justification as to be shocking to the conscience; 3) affirmed as to the defendant mayor and municipality; and 4) affirmed as to all defendants on Fourth and Eighth Amendment claims.

Appellate Information

• Decided 05/07/2012
• Published 05/07/2012

Judges

• Lynch

Court

• United States First Circuit

Counsel

• For Appellant:
  
• William Santiago-Sastre, Francisco J. Amundaray-Rodriguez