Tuesday, August 5, 2014

First Circuit: In granting summary judgment in § 1983 claim for police officers, the court held that there was insufficient evidence of excessive force in violation of the Fourth Amendment where evidence showed that police officers shot and killed plaintiff’s son while he was driving a car toward them (puttting them at risk of serious physical harm) and that, even if plaintiff had relied on admissible expert testimony that the bullet holes in the car showed that it was not driving toward the officers, they would be entitled to qualified immunity because it was not clearly established that it was unconstitutional to shoot a fleeing driver to protect those whom his flight might endanger
US District Court: In granting summary judgment for former Maine Commissioner of the Department of Agriculture (“DOA”) on First Amendment retaliation claim brought by farmer, the court held that farmer established a prima-facie case of retaliation by showing that defendant discontinued past permissive enforcement practices against him because he filed a successful USDA appeal against defendant, but that defendant established that the DOA would have changed the enforcement practices anyway
Portland Press Herald: Jury awards $450,000 to Gorham man hurt in crash

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