Escalera-Salgado v. United States, No. 17-1838 (1st Cir. 2018)Annotate this Case
The First Circuit affirmed the judgment of the district court entering judgment against Plaintiff on his lawsuit against the United States under the Federal Tort Claims Act, 28 U.S.C. 1346(b), 2671-2680, holding that the district court did not err in dismissing Plaintiff’s claim on the clearly-established step of qualified immunity analysis.
In his lawsuit, Plaintiff sought to recover damages for injuries he suffered when a Department of Homeland Security agent shot him during the execution of a search warrant at his residence. The district court ruled for the United States, concluding that the United States could not be held liable unless the unlawfulness of the officers’ conduct was clearly established at the time they acted and that, at the time the officers acted, no precedent clearly established that the officers’ conduct was unlawful. The First Circuit affirmed, holding that the officers’ actions did not violate clearly established statutory or constitutional rights of which a reasonable person would have known.