United States First Circuit
Saldivar v. Racine, 15-1448
In a suit alleging 42 U.S.C. section 1983 violations and state law negligence claims against the City of Fall River, Massachusetts, and Fall River Police Chief, arising out of the assault, battery and rape of plaintiff by a police officer, the district court's dismissal of the complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim is affirmed where, while the complaint alleges conduct by a member of the city police force that is shocking, it seeks to hold the officer's supervisor and the city liable, and absent more facts, the court cannot discern a plausible claim for doing so under section 1983 or Massachusetts' negligence law.
Appellate Information
- Decided
- Published 2016/03/24
Judges
- BARRON
Court
- United States First Circuit