Gray v. Cummings, No. 18-1303 (1st Cir. 2019)Annotate this Case
The First Circuit affirmed the district court’s entry of summary judgment for Defendants in this case, holding that an objectively reasonable police officer in May 2013 could have concluded that a single use of a Taser to quell a nonviolent, mentally ill person who was resisting arrest did not violate the Fourth amendment and that, in any case, the officer here was shielded by qualified immunity.
Plaintiff, a mentally ill person who was tased after absconding from the hospital to which she had been involuntarily committed, sued the officer and the Town of Athol, Massachusetts asserting causes of action under 42 U.S.C. 1983 and Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. 12131-65, along with supplemental state-law claims for, inter alia, assault and battery and malicious prosecution. The magistrate judge found no violation of the Fourth Amendment under section 1983 and no viable state-law claims, that the officer was entitled to qualified immunity, and that there was no violation of the ADA. The First Circuit affirmed, holding (1) Plaintiff presented sufficient evidence to make out a jury question as to whether the officer used excessive force, but the officer was entitled to qualified immunity; and (2) Plaintiff was not entitled to relief on any of her remaining claims.