Leisa YOUNG, in her capacity as Administratrix of the Estate of Cornel Young, Jr., Plaintiff, Appellant, Cross-Appellee,
v.
CITY OF PROVIDENCE by and through its treasurer, Stephen NAPOLITANO; Urbano Prignano, Jr., individually and in his official capacity as Providence Chief of Police; Richard Sullivan, individually; John Ryan, individually; and Kenneth Cohen, individually, Defendants, Appellees, Cross-Appellants.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard February 7, 2005.
Decided April 11, 2005.
Attorney(s) appearing for the Case
Barry Scheck, with whom Nick Brustin, Cochran Neufeld & Scheck, LLP, David T. Goldberg, The Law Offices of David T. Goldberg, Robert B. Mann, and Mann & Mitchell were on brief, for plaintiff, appellant, cross-appellee Leisa Young.
Kevin F. McHugh, Assistant City Solicitor, Providence Law Department, with whom Joseph M. Fernandez, City Solicitor, Providence Law Department, and Caroline Cole Cornwell, Assistant City Solicitor, Providence Law Department, were on brief, for defendants, appellees, cross-appellants City of Providence, Urbano Prignano, Jr., and Richard Sullivan.
Michael J. Colucci, with whom Olenn & Penza, LLP was on brief, for defendants, appellees, cross-appellants John Ryan and Kenneth Cohen.
Peter T. Barbur and Cravath, Swaine, & Moore, LLP on brief for National Association of Black Law Enforcement Officers, Inc. and the Rhode Island Minority Police Association, Inc., amici curiae.
John W. Dineen and Yesser Glasson & Dineen on brief for Rhode Island Affiliate, American Civil Liberties Union, amicus curiae.
Norman J. Chachkin, Theodore M. Shaw, and Miriam Gohara on brief for NAACP Legal Defense and Educational Fund, Inc., amicus curiae.
Before BOUDIN, Chief Judge, LYNCH and LIPEZ, Circuit Judges.
United States Court of Appeals, First Circuit.
LYNCH, Circuit Judge.
In January 2000, two on-duty Providence, Rhode Island, police officers, Michael Solitro and Carlos Saraiva, while responding to a call, shot and killed an off-duty Providence police officer, Cornel Young ("Cornel"), who was attempting to respond to the same incident under a city policy (the "always armed/always on-duty" policy) that required him to act despite being off-duty and out of uniform. The two on-duty officers, who are white, apparently...
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