United States First Circuit

In a 42 U.S.C. section 1983 action against Maine State Police officers, alleging plaintiff's former boyfriend went on a violent shooting rampage after hearing a voicemail from an officer which notified him that plaintiff had made a complaint about his serious violent crimes against her earlier, the district court's Rule 12(b)(6) dismissal of the complaint is vacated where, at this very early stage of the proceedings and in light of Rivera v. Rhode Island, 402 F.3d 27 (1st Cir. 2005), it cannot be concluded that plaintiffs either failed to state a substantive due process claim or that the defendants are entitled to qualified immunity.

Appellate Information

• Published 2017/03/01

Judges

• LYNCH

Court

• United States First Circuit

Counsel