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United States First Circuit

Penn v. Escorsio, 13-2309

In this qualified immunity action involving a pre-trial attempted suicide, denial of motion by defendant-officers for summary judgment is affirmed, where: 1) a district court’s pretrial rejection of a qualified immunity defense is not immediately appealable to the extent that it turns on an issue of fact; 2) clearly established law requires that officers must take reasonable measures to thwart a known, substantial risk that a pre-trial detainee will attempt suicide; 3) the district court's factual analysis found that a reasonable jury could conclude that defendants failed to take any action to forestall the attempted suicide risk; and 4) defendants cannot show that they are entitled to qualified immunity at the summary judgment phase.

Appellate Information

  • Decided 08/22/2014
  • Published 08/22/2014


  • Baldock


  • United States First Circuit


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