Norton v. City of South Portland, 831 F. Supp. 2d 340

Norton, as estate representative, sues after Michael Norton’s August 2008 death in a standoff with the South Portland Police Department (SPPD); Norton was mentally ill and not a criminal suspect.
Key SPPD personnel involved: Chief Googins (scene commander), Lieutenant Bernard (SRT commander), Officer Macisso (SRT member who fired the fatal shot); multiple officers and negotiators participated.
SPPD policies and training: use-of-force, crisis intervention, and SRT procedures; bean bag rounds were treated as deadly force under Maine law; Tasers available but limited effectiveness at longer ranges; 21-foot rule taught as distance guidance.
Prior to the fatal confrontation, Norton had been in negotiations with SPPD; a woman (Kari Vance) was in the residence and viewed as potential hostage; Norton ultimately exited the residence armed with knives after prolonged containment.
The shooting occurred after Norton exited the home with knives; Macisso fired, allegedly based on distance and threat perception; video evidence from WMTW and the command van was referenced; post-shooting actions included securing the scene and handling knives near Norton.
Plaintiff’s claims include §1983 (Second and Fourth Amendments), Maine Civil Rights Act, Battery, and ADA; Defendants move for summary judgment on all counts, with the court granting on several grounds including qualified immunity and lack of ADA eligibility.

Issue	Plaintiff's Argument	Defendant's Argument	Held
ADA claim against City and individuals	Norton’s disability caused discrimination in public services	Title II applies to government entities, not individuals; no disabled status shown	ADA claims dismissed as to individuals; City claims rejected on record; exigent-circumstances exception applies.
§1983 Fourth Amendment excessive force	Defendants used deadly force unlawfully	Reasonable, split-second judgments; qualified immunity protects officers	No Fourth Amendment violation; officers entitled to qualified immunity; City not liable.
§1983 Second Amendment rights re: knife possession	Norton had Second Amendment rights to knives	Right not clearly established; knives used unlawfully in context	No clearly established right; qualified immunity applied; no liability.
Municipal liability / failure to train	City failed to train on use of deadly force causing rights violations	No pattern of violations or deliberate indifference; training not shown deficient	City granted summary judgment on failure-to-train and Monell theories; no municipal liability.

Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (genuine disputes require trial; summary judgment proper where no material facts)
Celotex Corp. v. Catrett, 477 U.S. 317 (U.S. 1986) (burden shifting for summary judgment; movant must show absence of evidence)
Graham v. Connor, 490 U.S. 386 (U.S. 1989) (objective reasonableness standard for excessive force)
Tennessee v. Garner, 471 U.S. 1 (U.S. 1985) (probable cause required for deadly force unless imminent threat)
Heller v. District of Columbia, 554 U.S. 570 (U.S. 2008) (Second Amendment rights; limits for mentally ill and weapon possession)
McDonald v. City of Chicago, 130 S. Ct. 3020 (S. Ct. 2010) (Second Amendment applies to states; relevant to scope of rights)
Parker v. Gerrish, 547 F.3d 1 (1st Cir. 2008) (survey of reasonableness and split-second judgments by police)
Berube v. Conley, 506 F.3d 79 (1st Cir. 2007) (supervisor liability; on-scene command not per se liable)
Bennett v. Wainwright, 548 F.3d 155 (1st Cir. 2008) (standard for supervisory liability and qualified immunity)
City of Canton v. Harris, 489 U.S. 378 (U.S. 1989) (deliberate indifference in municipal failure-to-train claims)
Roy v. Inhabitants of City of Lewiston, 42 F.3d 691 (1st Cir. 1994) (reasonableness latitude for police in dangerous situations)