Legal Opinion
Berube v. Conley
Court of Appeals for the First Circuit
Decided October 31, 2007No. 06-2644PublishedCited by 46 opinions
1Opinion of the Court
SCHWARZER, District Judge.
Before the court is an appeal from the denial of a motion for summary judgment by three police officers in an action alleging excessive force in violation of 42 U.S.C. § 1983 and Maine law. Following the recommendation of the magistrate judge, the district court denied summary judgment based on qualified immunity to three officers who fired at the plaintiff while he was on the ground, already shot. The magistrate judge reasoned that the affidavit of a third-party witness who observed the shooting from a nearby apartment created a material issue of fact as to whether…
2Cases cited11 opinions
- Graham v. ConnorSupreme Court of the United States · 1989
- Anderson v. CreightonSupreme Court of the United States · 1987
- Malley v. BriggsSupreme Court of the United States · 1986
- Tennessee v. GarnerSupreme Court of the United States · 1985
- Johnson v. JonesSupreme Court of the United States · 1995
6 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Cindy Abbott v. Sangamon CountyCourt of Appeals for the Seventh Circuit · 2013
- Teresa Sheehan v. City and County of San FrancisCourt of Appeals for the Ninth Circuit · 2014
- Estate of Bennett v. WainwrightCourt of Appeals for the First Circuit · 2008
- Parker v. GerrishCourt of Appeals for the First Circuit · 2008
- McKenney v. ManginoCourt of Appeals for the First Circuit · 2017
41 more not listed; retrieve them via the Exa API.