952 F. Supp. 2d 343
D. Mass.2013Background
- Early-morning anonymous 911 calls reported a gunman and a dead body at the Walkers’ address; dispatch traced calls to another address but also sent BPD units to the Walkers’ Roxbury apartment.
- Officers McCormack and McNeill conducted an initial warrantless search under the emergency-aid justification and found no threat.
- Officer Jackson later pushed Mr. Walker, threw him to the ground, kicked him, and re-entered the apartment; other officers remained nearby and participated in a subsequent search while Mr. Walker lay injured.
- The Walkers allege constitutional claims under 42 U.S.C. § 1983 (unreasonable search, excessive force, aiding/abetting, supervisory liability), state-law claims (civil trespass, invasion of privacy, assault/battery, emotional distress), and brought a third amended complaint; defendants moved to dismiss various counts.
- The court allowed in part and denied in part the motions to dismiss: it sustained dismissal of Count II (failure to intervene in unreasonable search) but otherwise denied dismissal for the challenged federal and state claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jackson’s second entry/search was justified by the emergency-aid exception (Count I) | Walker: Jackson entered after McCormack and McNeill found no emergency, so the second search was unreasonable. | Jackson: Initial reports justified entry under the emergency-aid exception; qualified immunity protects him. | Court: Denied dismissal. Complaint plausibly alleges a separate, unreasonable second search; qualified immunity not appropriate at this stage. |
| Whether other officers can be liable for failing to intervene in an unreasonable search (Count II) | Walkers: Horan, Wosny, Golden, Hancock, Dodd, McCormack, McNeill failed to stop Jackson’s unlawful search. | Defendants: No clearly established law imposing failure-to-intervene liability for unreasonable searches; no realistic opportunity to intervene; qualified immunity. | Court: Dismissed. Right to have others liable for non-intervention in an unreasonable search was not clearly established. |
| Whether officers can be liable for failing to intervene to prevent excessive force (Count IV) | Walkers: Officers were present and could have prevented Jackson’s repeated assaults. | Defendants: No realistic opportunity to intervene; qualified immunity. | Court: Denied dismissal. Complaint alleges realistic opportunities to intervene; law clearly establishes failure-to-intervene liability for excessive force. |
| Whether supervisor Horan is liable for supervisory liability for Jackson’s conduct (Count V) | Walkers: Horan directly participated and condoned Jackson’s conduct. | Horan: Complaint lacks affirmative link showing deliberate indifference or condonation; qualified immunity asserted. | Court: Denied dismissal. Allegations of Horan’s direct participation/support state a plausible supervisory-liability claim. |
Key Cases Cited
- Brigham City v. Stuart, 547 U.S. 398 (2006) (emergency-aid exception permits warrantless entry to render emergency assistance or protect occupants)
- Mincey v. Arizona, 437 U.S. 385 (1978) (warrantless searches in homes presumptively unreasonable absent an exception)
- Pearson v. Callahan, 555 U.S. 223 (2009) (qualified immunity two-step analysis; courts may decide prongs in either order)
- United States v. Beaudoin, 362 F.3d 60 (1st Cir. 2004) (examining emergency-aid/protective sweep reasonableness in light of 911 reports)
- Wilson v. Town of Mendon, 294 F.3d 1 (1st Cir. 2002) (recognizing failure-to-intervene liability for excessive force)