McKenney v. Mangino, No. 17-1378 (1st Cir. 2017)Annotate this Case
The First Circuit dismissed portions of this interlocutory appeal for want of appellate jurisdiction and otherwise affirmed the district court’s ruling that Defendant was not entitled to qualified immunity at the summary judgment stage.
Stephen McKenney died at the hands of Defendant, a police officer “who was trying to do his job.” Plaintiff filed a complaint against Defendant under 42 U.S.C. 1983, alleging that Defendant’s use of deadly force transgressed McKenney’s Fourth Amendment right to be free from unreasonable seizures. Defendant filed an interlocutory appeal challenging a pretrial ruling in which the district court denied summary judgment for Defendant on qualified immunity grounds. The First Circuit dismissed the appeal in part for want of appellate jurisdiction and otherwise affirmed the district court’s denial of summary judgment, holding (1) certain aspects of the interlocutory order denying summary judgment were not appealable; and (2) while this court had jurisdiction to consider whether the contours of the relevant Fourth Amendment law were so blurred at the time Defendant shot McKenney that he was deserving of qualified immunity, the argument lacked force.