United States First Circuit
McCue v. City of Bangor Maine, 15-2460
In an interlocutory appeal, brought by defendants in a 42 U.S.C. section 1983 action alleging excessive force and assault and battery under the Maine Tort Claims Act (MTCA), Me. Stat. tit. 14, sections 8101-8118, filed after plaintiff's tragic death resulting from his encounter with the five police officer defendants, the appeal is dismissed where the court lacks jurisdiction over the defendants' interlocutory appeal, as there are material factual issues in dispute about the time at which decedent ceased resisting and the degree of force the officers continued to use against him after that point.
Appellate Information
- Decided
- Published 2016/09/26
Judges
- LYNCH
Court
- United States First Circuit