795 F. Supp. 2d 117
D. Mass.2011Background
- Barker, 38, African American, with Type II Diabetes, suffered a mental disturbance on 11/21/2007 and was shot dead by Boston Police.
- The plaintiff, Barker’s wife and administratrix, sues the City of Boston and Police Commissioner Davis under 42 U.S.C. § 1983 and state-law claims.
- A 911 call described Barker as mentally distressed with a pellet gun; responders initially encountered him on Fuller Street.
- Barker stole Cruiser 5130 during the pursuit; multiple officers surrounded the vehicle as Barker sat with hands visible.
- Duffy fired first; Doherty, McLean, and Harrison followed; Barker was fatally shot; no pellet gun was recovered; death attributed to gunshot wound to head/neck.
- Boston moved to dismiss the Amended Complaint; the court has federal question jurisdiction under 28 U.S.C. § 1331.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Barker states a Monell claim for failure to train. | Barker alleges inadequate mental-illness training shows deliberate indifference. | Boston argues training deficiencies are not shown to be deliberate and causally related. | Plaintiff fails to allege plausible deliberate indifference or causation. |
| Whether Barker states a Monell claim for failure to discipline officers. | Plaintiff contends repeated misconduct reports show a policy of condoning excess force. | No concrete non-conclusory incidents or disciplinary failures show a policy. | Amended Complaint does not establish a persistent failure to discipline or policy. |
| Whether the § 1983 claim can survive given the alleged facts. | Claim could allege unconstitutional policy causing Barker’s death. | Plaintiff cannot link training/discipline failures to the shooting. | No plausible Monell claim; Counts I–IV may be dismissed; supplemental state claims dismissed without prejudice. |
Key Cases Cited
- Monell v. Dept. of Social Servs., 436 U.S. 658 (U.S. 1978) (local government liable only for constitutional violations caused by official policy or custom)
- Brown v. Board of Cnty. Comm'rs, 520 U.S. 397 (U.S. 1997) (deliberate indifference standard for municipal liability)
- Canton v. Harris, 489 U.S. 378 (U.S. 1989) (policy failure to train requires deliberate indifference to rights of individuals)
- Hayden v. Grayson, 134 F.3d 449 (1st Cir. 1998) (stringent liability standards for failure-to-train claims in the First Circuit)
- Young v. City of Providence, 404 F.3d 4 (1st Cir. 2005) (requiring plausible showing of a close causal link between training deficiency and injury)
- Oklahoma v. Tuttle, 471 U.S. 808 (U.S. 1985) (also governs Monell liability and proof of causation in failure-to-discipline context)