Eldredge v. Falmouth, MA, No. 11-1151 (1st Cir. 2011)Annotate this Case
Police, responding to a 911 call, stopped plaintiff, a pedestrian. While he was standing near the cruiser, it was struck from behind by a second cruiser. Plaintiff, injured in the collision, filed suit under 42 U.S.C. 1983. The district court dismissed, citing qualified immunity. The First Circuit affirmed, rejecting an argument that the collision constituted a seizure. The facts could reasonably support the officers' suspicion that plaintiff was the subject of the 911 call and that the stop was reasonable.