Campos v. Van Ness, No. 12-1109 (1st Cir. 2013)Annotate this Case
After a vehicle pursuit, an officer of the Yarmouth, Massachusetts Police Department shot and killed Andre Martins. Plaintiff, individually and as administratrix of Martins' estate, brought a civil rights action against the officer and the Town of Yarmouth (collectively, Defendants). Defendants filed a motion for summary judgment, arguing that Plaintiff failed to establish that the officer's use of force violated Martins' constitutional rights and that, in the alternative, the officer was entitled to qualified immunity. The district court denied the motion. The First Circuit Court of Appeals dismissed Defendants' interlocutory appeal for lack of jurisdiction, holding that Defendants (1) failed to establish that, within the Scott v. Harris framework, Plaintiff's account of the shooting was so discredited by the record that no reasonable jury could believe her; and (2) failed to convince the Court that they were entitled to immunity.