Coscia v. TOWN OF PEMBROKE, MASS.
2011 U.S. App. LEXIS 18933
| 1st Cir. | 2011Background
- Coscia, administratrix of Jason Coscia’s estate, sues several Pembroke officers, their superiors, and the town under 42 U.S.C. § 1983 for due process violations.
- Coscia alleges the police failed to provide medical care during seven hours in custody after suicide threats, contributing to Coscia’s later suicide.
- Coscia was restrained rather than jailed, evaluated as high suicide risk, and released around 6:00 p.m. without a doctor’s examination.
- Coscia killed himself about fourteen hours after release, allegedly due to the failure to intervene medically during custody.
- Defendants moved for judgment on the pleadings on qualified immunity and related grounds; the district court denied on liability grounds.
- Court reviews de novo and holds the complaint does not state a due process violation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the complaint states a due process violation for post-release harm | Coscia asserts custodial failure to provide care caused suicide after release | Defendants contend no post-release due process liability exists | No due process violation; dismissal affirmed |
| Whether state-created risk or post-release causation supports liability | Alleged causal link between custody care and post-release suicide | Liability cannot extend after release absent state-created risk | Liability limited; no post-release duty; reversed for liability on custodial harm only if state-created risk existed |
| Whether existing due process framework (DeShaney/Estelle) limits liability | Due process requires preventing harm through medical care during custody | Protection ends upon release; not liable for post-release harm under DeShaney | Limited to custodial period; no liability after release absent state-created risk |
Key Cases Cited
- DeShaney v. Winnebago Cnty. Dep’t of Soc. Servs., 489 U.S. 189 (U.S. 1989) (government must prevent harm only within custody; post-release liability not imposed)
- Estelle v. Gamble, 429 U.S. 97 (U.S. 1976) (duty to provide medical care while in custody)
- City of Revere v. Mass. Gen. Hosp., 463 U.S. 239 (U.S. 1983) (deliberate indifference standard for detainees)
- Farmer v. Brennan, 511 U.S. 825 (U.S. 1994) (deliberate indifference standard; higher culpability than negligence)
- Rodriguez-Cirilo v. Garcia, 115 F.3d 50 (1st Cir. 1997) (claims need causation but not necessarily identical to tort causation)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (pleading standard requires plausible claims; not mere speculation)
- Pearson v. Callahan, 555 U.S. 223 (U.S. 2009) (qualified immunity framework; a court may decide on qualified immunity on a jurisdictional basis)