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.
Officers entitled to summary judgment against officers for pushing disturbed plaintiff onto a sofa, which toppled over; court reverses directed verdict in favor of officers on question of whether officer who then kneeled on plaintiff’s back caused additional injury, ruling that was a jury question; court concludes it was legitimate to segment the two uses of force.
First Amendment protects right to record, audio and video, government officials, including law enforcement officers, discharging their duties in a public place, even without consent of person recorded; some limitations on the right may comport with First Amendment; Massachusetts statute banning secret recording without regard to topics or ideas recorded was content neutral and therefore not subject to strict scrutiny, statute must be subjected to intermediate scrutiny; statute held unconstitutional because not narrowly tailored to further governmental interests of preventing interference wi
For the first time, First Circuit recognizes state created danger claim, finds it was clearly established by law in other circuits; finds viable claim against state police officers who did not seek to find, but left voice mail for perpetrator, a registered sex offender, who had abducted, threatened, and raped victim two days earlier and then subsequent to voice mail returned to rape and murder victim and those close to her, who had been afforded no protection by officers.
Entry to home permitted by community caretaking doctrine where police responded to loud party complaint where underage drinking occurred.