Justiniano v. Walker, No. 18-2015 (1st Cir. 2021)Annotate this Case
The First Circuit affirmed the judgments of the lower courts dismissing Plaintiff's wrongful death and civil rights claims against the Superintendent of the Massachusetts State Police Colonel Timothy Alben for failure to state a claim and granting summary judgment for Massachusetts State Trooper Stephen Walker based on the qualified immunity doctrine, holding that there was no error.
Walker shot and killed Wilfredo Justiniano, Jr. on the side of a highway. Plaintiff, Justiniano's sister and the personal representative of his estate, brought this suit alleging that Walker used excessive force against Justiniano in violation of his constitutional rights and that Alben was liable for, among other things, failure to train. The magistrate judge dismissed the claims against Alben and granted summary judgment for Walker. The First Circuit affirmed, holding (1) there was insufficient evidence to support a conclusion that Alben acted with deliberate indifference when he allegedly neglected to train Walker on how to interact with the mentally ill; and (2) Walker is qualifiedly immune.