McCue v. City of Bangor, Maine

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Phillip McCue died after an encounter with five police officers with the City of Bangor. During the encounter, the officers sought to take McCue into protective custody due to his erratic behavior allegedly caused by ingestion of bath salts. In an attempt to restrain McCue, the officers placed him in a face-down position on the ground while two officers exerted significant weight on his neck and shoulders. McCue was declared dead after this intervention. Plaintiff, the father of Phillip, sued the City and the five officers in their individual and official capacities, asserting violations of Phillip’s constitutional rights and various state law tort claims. The district court granted summary judgment in favor of Defendants, on the basis of qualified immunity, with two exceptions. Specifically, the denied Defendants’ claims of qualified immunity as to the alleged use of excessive force after Phillip ceased resisting and as to the assault and battery claim. Defendants appealed, contending that they were entitled to qualified immunity on these remaining claims. The First Circuit dismissed the appeal, holding that material disputed facts yet to be resolved precluded summary judgment, and therefore, the Court lacked appellate jurisdiction to entertain Defendants’ interlocutory appeal at this stage. View "McCue v. City of Bangor, Maine" on Justia Law