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IRISH v. FOWLER

No. 20-1208.

979 F.3d 65 (2020)

Brittany IRISH, individually and as Personal Representative of the Estate of Kyle Hewitt; Kimberly Irish, Plaintiffs, Appellants, v. Detective Jason FOWLER; Detective Micah Perkins; Sergeant Darrin Crane, Defendants, Appellees, and State of Maine; State Police of the State of Maine; John Darcy; Andrew Levesque, Defendants.

United States Court of Appeals, First Circuit.

November 5, 2020.

Attorney(s) appearing for the Case

Scott J. Lynch , Lewiston, ME, with whom Lynch & Van Dyke, P.A. was on brief, for appellants.

Christopher C. Taub , Assistant Attorney General, with whom Aaron M. Frey , Attorney General, was on brief, for appellees.

Before Lynch, Selya, and Barron, Circuit Judges.

In this opinion, we hold on these facts that a viable substantive due process state-created danger claim has been presented against two Maine State Police ("MSP") officers, and that it was error to grant the officers qualified immunity. Under the state-created danger substantive due process doctrine, officers may be held liable...

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