United States First Circuit

In a case under 42 U.S.C. section 1983 and analogous provisions of the Puerto Rico Civil Code's torts statute, that plaintiffs' Fourth, Fifth, Ninth, and Fourteenth Amendment rights were violated when plaintiff was unconstitutionally arrested and subjected to excessive force during an incident at a high school, the district court's judgment is: 1) affirmed as to exclusion of expert witness testimony, grant of summary judgment in favor of Supervisory Defendants, and dismissal with prejudice of Plaintiffs' Fourth Amendment excessive force claim against Rosado; and 2) reversed as to dismissal of the Fourth Amendment unconstitutional arrest claim against Rosado where plaintiff provided just enough evidence to establish a genuine dispute over two key material facts.

Appellate Information

• Decided 06/26/2015
• Published 06/26/2015

Judges

• TORRUELLA

Court

• United States First Circuit

Counsel