Guadalupe-Baez v. Police Officers A-Z, No. 14-2304 (1st Cir. 2016)
Annotate this CasePlaintiff was shot and wounded in the vicinity of San Lorenzo, Puerto Rico, after one of several police vehicles closely approached him. Plaintiff plausibly alleged that he had been shot by a police officer. Plaintiff filed suit seeking damages against named and unnamed members of the Puerto Rico Police Department (PRPD), the San Lorenzo municipal police, and the Puerto Rico Department of Justice. While Defendants’ motions to dismiss were pending, the PRPD produced documents indicating, for the first time, the identity of the shooter. The district court subsequently denied Defendants’ motions to dismiss, concluding that Plaintiff’s supervisory liability and conspiracy claims failed to satisfy the minimum requirements of Fed. R. Civ. P. 12(b)(6). The First Circuit reversed the judgment of dismissal as to the superintendent of the PRPD at the time of the shooting and affirmed the judgment in all other respects, holding (1) Plaintiff’s supervisory liability claim against the supervisor crossed the plausibility threshold; (2) the district court did not err in dismissing the supervisory claims against the other supervisory defendants; and (3) Defendant’s remaining arguments on appeal were waived.
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