Ramirez-Lluveras v. Rivera-Merced, No. 13-1169 (1st Cir. 2014)Annotate this Case
A civilian was shot without justification by an on-duty police officer, Javier Pagan-Cruz. Plaintiffs, the victim’s family, filed suit under 42 U.S.C. 1983 against Pagan, his two on-scene colleagues, and five supervisors for violating the victim’s Fourth Amendment rights by causing his wrongful death. The supervisory defendants filed a motion to dismiss under Fed. R. Civ. P. 12(c). The motion was granted in part and denied in part. The district court subsequently granted summary judgment to the supervisory defendants on the remaining claims against them. After a trial, the jury reached a verdict in favor of Plaintiffs against the remaining defendants. The First Circuit affirmed the grant of summary judgment against Plaintiffs’ supervisory liability claims against each of the supervisory defendants, holding that these defendants were not liable in this case under section 1983.
The court issued a subsequent related opinion or order on August 4, 2014.