· 2/18/1999
Barreto Rivera v. Medina Vargas
Citations
- 168 F.3d 42
- 1999 U.S. App. LEXIS 2519
- 1999 WL 72314
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that § 1983 does not usually allow for supervisory liability
- explaining color of law analysis depends upon totality of circumstances but particularly upon officer’s purpose at time of the act
- denying supervisory defendants’ summary judg ment motion because where their subordinate officer had psychological problems and a complaint history but supervisors reduced his disciplinary sanctions
- finding deliberate indifference to grave risk of violence based on disciplinary record including thirty incidents of abuse of power, unlawful use of force, or physical assault, with six incidents generating recommendations of expulsion
- in the context of supervisors they can be held liable solely “on the basis of [their] own acts or omissions”
- same and noting that in the final moments of the officer’s actions in Parrillar-Burgos, there was no longer a pretense of official action
Source: CourtListener parenthetical corpus (CC0).
Judges: Stahl, Lipez, Reavley
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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