McCue v. City of Bangor Maine

LYNCH, Circuit Judge.

Michael McCue, the father of Phillip McCue (“McCue”) and the personal representative of McCue’s estate, brought this 42 U.S.C. § 1983 action after McCue’s tragic death resulting from his encounter with the five Bangor police officers named as defendants. On the night of their encounter, the officers sought to take McCue into protective custody due to his erratic behavior believed to be caused by ingestion of bath salts. In an attempt to restrain McCue, who initially resisted, the officers placed McCue in a face-down, prone position for a disputed period of minutes while…