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BUCHANAN v. MAINE

No. 06-1466.

469 F.3d 158 (2006)

Daniel BUCHANAN, as Personal Representative of the Estate of Michael Buchanan; Estate of Michael Buchanan, Plaintiffs, Appellants, United States, Intervenor, v. State of MAINE; Lynn Duby, individually and in her official capacity as former Commissioner of the Maine Department of Behavioral and Developmental Services; Julianne Edmondson; Joel Gilbert; Lincoln County; Robert Emerson; Kenneth Hatch; John Nicholas, Commissioner, Maine Department of Health and Human Services; William Carter; Todd Brackett, Sheriff, Lincoln County, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 16, 2006.

Attorney(s) appearing for the Case

Robert J. Stolt, with whom Lipman, Katz & McKee, P.A. was on brief, for appellants.

Christopher C. Taub, Assistant Attorney General, with whom G. Steven Rowe, Attorney General, and Paul Stern, Deputy Attorney General, Of Counsel, were on brief, for appellees State of Maine, Lynn Duby, Julianne Edmondson, Joel Gilbert, and John Nicholas.

Peter T. Marchesi, with whom Cassandra S. Shaffer and Wheeler & Arey, P.A. were on brief, for appellees Lincoln County, Robert Emerson, Kenneth Hatch, William Carter, and Todd Brackett.

Jessica Dunsay Silver, Attorney, United States Department of Justice, Civil Rights Division, Appellate Section, with whom Wan J. Kim, Assistant Attorney General, and Sarah E. Harrington, Attorney, United States Department of Justice, Civil Rights Division, Appellate Section, were on brief, for the United States as intervenor.

Before LYNCH, Circuit Judge, SILER, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LYNCH, Circuit Judge.

The law is no stranger to the tragedies of life. In February 2002, Michael Buchanan, a mentally ill man, was shot to death inside his isolated Maine home when he repeatedly stabbed one of two deputy sheriffs who had gone to check on Buchanan's safety and welfare.

Believing that Buchanan's death was preventable, Michael's brother Daniel, as administrator, and the estate (together, "plaintiff") filed suit under 42 U.S.C. § 1983 against...

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