United States First Circuit

In a civil rights case brought under 42 U.S.C. section 1983 arising from the tragic shooting death of an innocent, elderly man by a local police officer during a SWAT team raid executing a search warrant for drugs and related paraphernalia belonging to two drug dealers with violent criminal histories thought to reside in decedent's home, alleging defendant violated the decedent's Fourth Amendment right against unreasonable seizure when he pointed a loaded semi-automatic rifle at decedent's head, with his finger on the trigger and the safety off, the district court's denial of defendants' motion for entry of summary judgment on the basis of qualified immunity is affirmed where the unreasonableness of defendant's conduct, as a jury could find it, was well established.

Appellate Information

• Published 2016/02/05

Judges

• LYNCH

Court

• United States First Circuit

Counsel