Johnson v. City of Biddeford, No. 23-1399 (1st Cir. 2024)
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In this case, the plaintiffs, Susan Johnson and Jocelyne Welch, brought an action against the City of Biddeford, Chief of Police Roger P. Beapure, and Officer Edward Dexter of the Biddeford Police Department, alleging a violation of substantive due process rights under the state-created danger test. Johnson and Welch's action stems from a violent incident involving their landlord, James Pak. Pak became agitated about the number of cars parked in the driveway of the property he rented to Johnson and her son, Thompson. During a confrontation, Pak made gun-shaped hand gestures and said "bang." Thompson called the police and Officer Dexter responded.
Officer Dexter spoke with both parties separately. During his conversation with Pak, Pak expressed his anger and frustration, making various threatening remarks. Despite these threats, Officer Dexter did not arrest, detain, or initiate a mental health intervention for Pak. After speaking with Pak, Officer Dexter returned to Johnson and Thompson's apartment, informing them that Pak was "obviously extremely upset" but did not relay the specific threats made by Pak. A few minutes after Officer Dexter left, Pak entered Johnson and Thompson's apartment and shot Johnson, Thompson, and Welch.
On appeal, the United States Court of Appeals for the First Circuit held that Officer Dexter was entitled to qualified immunity against the plaintiffs' claim of violation of substantive due process rights under the enhancement-of-danger prong of the state-created danger test. The court found that a reasonable officer in Dexter's position would not have understood, based on the facts of the case, that he was violating any such rights by his actions and inactions.
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