A Massachusetts state trooper who pepper sprayed, shot, and killed an unarmed man diagnosed with paranoid schizophrenia was subject to qualified immunity from excessive force claims, the United States Court of Appeals for the First Circuit ruled Tuesday (article available here).
“The case we now confront presents a sad and recurring scenario, one we see play out on the national stage all too often.” The court added, “While the facts among these cases may differ in varying degrees, the legal outcome is often the same: enter stage right, the legal principles of supervisory liability, failure to train, and yes, unsurprisingly, qualified immunity, too.”
But the court rejected the argument that qualified immunity should be abandoned in cases resulting in death because it was “constrained by the precedent that led to today’s outcome, and until that precedent changes, we are dutybound to apply it.”
The case is Justiniano v. Walker, No. 18-2015 (1st Cir. Jan. 19, 2021).