United States First Circuit

In a case dealing with the Rule 12(b)(6) pleading threshold, which involves a plaintiff who reasonably believed that he was shot by a police officer but who thereafter was deprived of access to information that would have enabled him to establish the facts and circumstances surrounding the incident, the district court's dismissal, on grounds that the allegations in plaintiff's amended complaint lacked the requisite plausibility, is reversed in part as to defendant Pesquera where under the theory of supervisory liability of 42 U.S.C. section 1983, a DOJ-issued report put him on clear notice of his potential liability, thus he plainly cannot satisfy one of the showings required for qualified immunity.

Appellate Information

• Published 2016/04/20

Judges

• SELYA

Court

• United States First Circuit

Counsel