MANARITE v. CITY OF SPRINGFIELD

No. 91-1491.

957 F.2d 953 (1992)

Jessica A. MANARITE, By and Through Her Next Friend, Carla MANARITE, and Carla Manarite as Administratrix of the Estate of Timothy Murray, Plaintiffs, Appellants, v. CITY OF SPRINGFIELD, Paul J. Fenton, Individually and in his Official Capacity as Former Chief of Police, Michael Somers and John Lynch, Individually and in Their Official Capacity as Police Officers, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 5, 1992.


Attorney(s) appearing for the Case

Stewart T. Graham, Jr., Springfield, Mass., for plaintiff, appellant.

Edward M. Pikula, Asst. City Sol., Springfield, Mass., with whom Edward P. Reardon, Reardon & Reardon, Worcester, Mass., Kevin B. Coyle, Coyle, Dunbar & Geoffrion, Bruce L. Leiter, City Sol., Springfield, Mass., were on brief, for defendants, appellees City of Springfield, Paul J. Fenton and John Lynch.

Austin M. Joyce, with whom Reardon & Reardon, Worcester, Mass., was on brief, for defendant, appellee Michael Somers.

Before BREYER, Chief Judge, TORRUELLA, Circuit Judge, and WOODLOCK, District Judge.


TORRUELLA, Circuit Judge.

The Civil Rights Act, 42 U.S.C. § 1983, forbids state officials from depriving individuals of "any rights, privileges or immunities secured by the Constitution." In this appeal, we review the standards governing the liability of a municipality and its police chief under the Act for their alleged failure to prevent the suicide of a pretrial detainee and the issue of whether a minor child may assert a claim under the Act for loss of companionship...

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