Irish v. State of Maine, No. 16-2173 (1st Cir. 2017)Annotate this Case
Brittany Irish and her mother Kimberly Irish brought this 42 U.S.C. 1983 action against ten Maine State Police officers after Brittany’s former boyfriend broke into her parents’ home, fatally shot her boyfriend, shot and seriously wounded Kimberly, abducted Brittany, and engaged in a shootout with the police during which another individual was fatally shot. The complaint alleged that the Irishes’ losses arose out of failures by Defendants to protect them “from dangers which Defendants themselves created.” The district court dismissed the Irishes’ complaint for failure to state a claim and also found that qualified immunity shielded the defendants from liability. The First Circuit vacated the district court’s ruling as to the individual police officers, holding that it could not be said that Plaintiffs failed to state a substantive due process claim or that Defendants were entitled to qualified immunity. Remanded with instructions for discovery.