Begin v. Drouin

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The First Circuit affirmed in part and dismissed in part Defendant’s interlocutory appeal from the district court’s denial of her motion for summary judgment arguing that she was immune to Plaintiff’s damage claims, holding that this Court lacked appellate jurisdiction to the extent Defendant challenged the district court’s assessment of the record.Defendant, a police officer, shot Plaintiff as Plaintiff was cutting himself with a knife in the waiting area of a psychiatric center. Plaintiff sued Defendant under 42 U.S.C. 1983, arguing that Defendant violated his Fourth Amendment right to be free from unreasonable seizures. Defendant moved for summary judgment based, in part, on her qualified immunity to federal damage claims arising out of the performance of her official duties as a public employee. The district court denied the motion, concluding that Defendant could not constitutionally shoot Plaintiff unless he posed an immediate threat to herself or others and only after providing some kind of warning, if feasible. Defendant appealed. The First Circuit (1) dismissed the appeal to the extent it challenged the district court’s assessment of the factual record under Fed. R. Civ. P. 56; and (2) otherwise affirmed the district court’s denial of summary judgment. View "Begin v. Drouin" on Justia Law