Welch v. City of Biddeford Police Department

Court remands state created danger claim for reconsideration of summary judgment for defendant where officer responded to tenants’ complaint that landlord had threatened to kill them and left after expressing sympathy to landlord and taking no action; recent decision in Irish v. Fowler, 979 F.3d 65 (1st Cir. 2020) had recognized state created danger claim in First Circuit and court notes that claim would be valid where officer “created or enhanced” a danger to plaintiffs, that it was not required that officer “greatly enhance” the danger, that deliberate indifference may shock the conscience where official performs multiple acts of indifference to a rising risk of acute and severe danger, and that state and national policing policies are relevant to the state created danger analysis.