Mitchell v. Miller, No. 14-2116 (1st Cir. 2015)
Annotate this CaseAt 4 a.m. one night, Plaintiff broke into his estranged wife’s apartment to talk about their relationship. The woman reported the break-in and provided a description of the car Plaintiff was driving. Defendant, a police officer, began to follow Plaintiff. The pursuit led to a tussle, which led to Defendant firing two shots in Plaintiff’s direction. Plaintiff later filed suit against Defendant, alleging that Defendant had violated his Fourth Amendment rights and committed common law assault. The district court awarded summary judgment to Defendant on the grounds of qualified immunity and discretion act immunity. The Supreme Court affirmed, holding that Defendant was entitled to qualified immunity.
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