Thiersaint v. Dep't of Homeland Security, No. 22-1213 (1st Cir. 2023)
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The First Circuit affirmed in part and vacated in part the district court's grant of summary judgment to the United States on Petitioner's claims brought under the Federal Tort Claims Act (FTCA) and to the Suffolk County Sheriff's Department (SCSD) on Petitioner's claims brought under the Rehabilitation Act (RHA), 29 U.S.C. 794, and Americans with Disabilities Act (ADA), 42 U.S.C. 12132, holding that the district court erred in granting summary judgment as to Petitioner's FTCA claims.
Petitioner filed this action setting forth FTCA claims against the United States based on the treatment to which he was allegedly subjected while he was in immigration custody, as well as claims brought under the RHA and the ADA based on the alleged discrimination against him owing to his disability during his detention. The district court granted summary judgment for Defendants. The First Circuit vacated the judgment in part, holding that the district court (1) erred in granting summary judgment to the United States as it pertained to Petitioner's FTCA claims; but (2) did not err in awarding summary judgment to SCSD on Petitioner's RHA and ADA claims.
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