Delgado v. Pawtucket Police Dep't, No. 11-1026 (1st Cir. 2012)Annotate this Case
Plaintiffs' father was killed in an auto accident when the driver of a vehicle in which he was a passenger, attempted to flee police officers. Asserting federal constitutional and state tort claims, plaintiffs filed suit in Rhode Island state court against the officers, the city, the police department, and the police chief in his official capacity. The district court dismissed constitutional claims and declined to remand to state court. Following a trial, the court entered judgment for defendants as a matter of law. The First Circuit affirmed, upholding the court's exercise of supplemental jurisdiction and exclusion of deposition testimony of the driver. That he was in prison did not render him automatically "unavailable." The court was within its discretion in denying a continuance to secure his presence.
The court issued a subsequent related opinion or order on March 2, 2012.