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Souza v. Pina, 1st Cir. (1995)
Souza v. Pina, 1st Cir. (1995)
Souza v. Pina, 1st Cir. (1995)
Sc
__
____________________
April 28, 1995
____________________
In
defendants-appellants,
this 42
the
U.S.C.
former
1983
district
his
staff (collectively,
denial of
their motion
immunity.
We now reverse.
"appellants"),
to dismiss
I.
I.
__
on grounds
appeal from
of qualified
A. Standard of Review
______________________
We
the allegations of
11, 11
(1st
Cir.
1994).
true
for which
We accept
30 F.3d
See, e.g.,
___ ____
the complaint as
Id.
___
Degrazia,
brought
this
administrator of Degrazia's
the
nine
following factual
young
women
Massachusetts
killings
appellant
prosecutor
case."
in what
The
Ronald A.
estate.
murdered
became
Bristol
Pina,
The
in
the
known
County
and
and 1989,
New
Bedford,
as the
"highway
district attorney,
appointed himself
as the
chief
-22
as
complaint contains
During 1988
Anthony
individually
allegations.
were
area
action
mother of
press
conferences and
or encouraged
killings case.
media to
link
Degrazia to
the
highway
should have known that Degrazia would take his own life
result of these statements to the
media.
as a
On July 27,
1991,
U.S.C.
members
of
19831
Pina's
against
Pina,
staff,2
Martin, and
alleging
that
two
they
other
violated
right
to
punishment."3
be
free
Appellants
and
immunity.
appellants'
that
By
moved
and
"arbitrary
to
and
brutal
dismiss, arguing
that
appellants
margin
motion
from
well as
were
entitled
to
orders, the
district
court
their
subsequent
qualified
denied
requests
for
2. The
other
defendants-appellants
are former
first
assistant district attorney Raymond Veary and former chief
investigator Robert St. Jean.
her
II.
II.
___
A. Jurisdiction
________________
Our
appeals from
U.S.C.
the denial
1291
jurisdiction
district
jurisdiction
does
of
("[t]he courts
of
appeals from
courts").
However,
not
a motion
normally
encompass
to dismiss.
See
___
of appeals
. . .
all
final
decisions of
the
denial
28
shall have
of a
the
government
falls within
principle
and
Buenrostro
__________
v.
is,
narrow exception
therefore,
Collazo, 973
_______
F.2d
to the
immediately
39,
41
finality
appealable."
(1st Cir.
1992)
immunity
path we
shields
traverse is
state
well defined.
officials
exercising
does not
violate
clearly established
as their
statutory or
"clearly
"whether
the
established" inquiry
plaintiff
constitutional right at
226,
232
(1991).
necessarily incorporates
has
asserted
all."
Siegert
_______
The
right
violation
v. Gilley, 500
______
must
be
stated
of
U.S.
with
____________________
both
the
litigants and
to
the
Roque______
Rodriguez v. Lema Moya, 926 F.2d 103, 106 (1st Cir. 1991).
_________
_________
-44
reviewing
court.
particularity.
930 (1st Cir.
observed,
See, e.g.,
___ ____
1992).
the
Otherwise, as the
generality
at
liability
simply
Supreme Court
courts
identify
right threatens to
qualified immunity . .
unqualified
due
which
into a
by
F.2d 920,
has
the
"convert the
rule of virtually
alleging
violation
of
process of law is
by the Due
that a particular
established
however,
by
action is a violation)
right."
Id.
___
Harlow.
______
Id.
___
established" if
Such
violates a clearly
level
Accordingly,
would understand
Id. at 640.
___
of generality,
reasonable official
it may be
is
"clearly
clear that a
that what he
is doing
Additionally, implicit in
time of
that the
hindsight.
right
was
established
through the
use
of
The qualified
weed
out unfounded
suits.
See Siegert,
___ _______
courts to
500 U.S.
at 232.
-55
Thus,
courts advance
the central
purpose of
the doctrine,
liability.'"
in
duties."
public
806).
interests in vindication
and
disabling threats of
. . . between
of citizens' constitutional
officials'
effective performance
of
the
rights
their
we
constitutional right.
Count I
of her
complaint, Souza
alleges that
her
punishment,
process
and of
of law."
his
At
right not
oral
to
argument, Souza's
violated
be deprived
Degrazia's
rights
Specifically, Souza
of
due
counsel made
substantive
due
____________________
5. Although at oral argument counsel waived consideration of
recovery under procedural due process, because Souza's brief
discusses violation of that right, we pause to address that
-66
or should have known that Degrazia would take his own life as
a result" of their statements to the press.
The Fourteenth Amendment
of law."
component
of
U.S.
due
process
protects
The
against
Souza
points
to
no caselaw
established
presents no
right.
theory as
Degrazia's rights,6
to how
Indeed,
the alleged
point.
under
violation of a
Souza's
complaint
conduct violated
court offers only
____________________
theory. The first step in assessing a procedural due process
claim is to determine whether state action has deprived the
individual of a protected interest -- life, liberty, or
property.
See, e.g., Rumford Pharmacy, Inc. v. City of East
___ ____ ______________________
____________
Providence, 970 F.2d 996, 999 (1st Cir. 1992) (quoting
__________
Zinermon v. Burch, 494 U.S. 113, 125-26 (1990)). Souza makes
________
_____
clear that the protected interest in this case is Degrazia's
life.
However, as our discussion regarding substantive due
process establishes, no state action led to the deprivation,
and therefore, her procedural due process claims fails.
6. We limit our analysis to the alleged deprivation of life
by appellants.
We note that Souza did not specifically
allege a liberty-deprivation claim under Paul v. Davis, 424
____
_____
U.S. 693 (1976) (state action damaging reputation plus other
tangible loss may
constitute cognizable deprivation of
liberty interest) and its progeny. However, even if she had,
because the complaint contains no allegation that appellants'
statements to the press were false, a damage-to-reputation
claim must fail. See, e.g., Powers v. Coe, 728 F.2d 97, 105
___ ____ ______
___
(2d Cir. 1984).
-77
exist,
both
implicated
by
Souza's
complaint:
second,
appellants
violated
first,
actually inflicting
Degrazia's
infliction of harm.
We
rights
by
explore each
possible theory.
There is a constitutional
of life
without due
cannot murder a
Buckley,
_______
process of law.
citizen.
787 F.2d
714,
Thus,
a state
actor
Cir.)
(citing Bowers
______
v.
v.
DeVito, 686 F.2d 616, 618 (7th Cir. 1982)), cert. denied, 479
______
_____ ______
U.S.
882
(1986).
Critically,
however, Souza's
action.
complaint
own life.
Souza
does not
allege that
the state
either
to
seek treatment
or
otherwise
Simply
stated, under
was no
avoid his
injury.
here, there
284-85 (1980)
constitutional deprivation
(no
regardless
of
of life
when
whether
parole
board's
actions
-88
proximately caused
life by any
of life by
at the
time of
appellants' actions
(as
well
victim
clearly
established
rights
to
protection
existed between
knowledge of
linking
his name
limited
"as
security."
his
duty to protect,
suicidal tendencies
to
the killings,
greatly
as
Souza's
if
he
argument
from harm.
that a "special
had
nonetheless
first, they
and, second,
Degrazia's freedom
were
fails
locked
by
was
in
maximum
because the
Supreme
Court has made clear that the state has a duty to protect its
citizens
only when
"individual's freedom
incarceration,
personal
it
affirmatively acts
to act
on his own
institutionalization,
liberty."
DeShaney v.
________
U.S.
189, 200
to restrain
behalf --
or other
through
restraint of
As
explained:
[t]he [Due Process] Clause is phrased as
a limitation on the State's power to act,
-99
the
the
Court
In DeShaney, the
________
violate
child's
due process
"a State's
violence
failure to protect an
simply does not
Process Clause."
We
when,
despite
to protect the
constitute a violation
of the Due
Id. at 197.
___
agree
with
appellants
that
their
alleged
time,
conduct.
the
government
interests
so as
to
protect.
DeShaney,
________
restricted
give rise
489 U.S.
to
an affirmative
at 200;
see also
___ ____
liberty
duty
to
Monahan v.
_______
Dorchester Counseling Ctr., Inc., 961 F.2d 987, 991 (1st Cir.
________________________________
1992).
Absent the
contemplated by
does not
whatever
complaint
form,
including
alleges
numerous
undoubtedly
suicide.
acts
rendered Degrazia
To
by
be
sure,
the
appellants
more vulnerable to
that
danger in
-1010
the kind
would give
Cf. Monahan,
___ _______
against
by the
constitutional duty
rise to
similar
even
However,
state
to protect.
automobiles gave
protect
of "affirmative acts"
rise to a
-- or
suicidal tendencies.
of voluntarily
___________
out of
about -- Degrazia's
those acts
to jump
no constitutional duty
occurrence).
Simply
to
stated,
could
not
reasonably
aware
that
actions
also
argues that
"conscience-shocking,"
Fourteenth Amendment.
172 (1952), the
pumping
violated
conduct
thus constituting a
violation of the
suspect's
substantive due
so
actions were
criminal
was
appellants'
stomach
against
egregious
as to
"shock
the
his
will
state actor's
conscience."
due
process
shocking" behavior.
37, 43
(1st
through
"conscience-
violation
cert. denied,
_____ ______
498 U.S.
F.2d
1041 (1991).
We
-1111
"conscience-shocking"
have
conduct.
Like
the Rochin
______
engage
in
extreme
or
intrusive
at 43.
possibility
government
Pittsley
________
that
v.
Warish, 927
______
contact.
While we do not
official's
7
See
___
foreclose the
statements, see
___
n.3 (1st
Cir.), cert.
_____
constitute a violation of
due
not
that we
physical
F.2d 3,
Court, we
a citizen's substantive
That
alleged here do
In our
814 (1987).
____________________
2618
function," Buckley
_______
(1993)
(citation
strictly
limited
by the
justice.
We
recognize
pressures,
especially
v. Fitzsimmons, 113
___________
omitted),
prosecutor's
in
that
high
that
S. Ct.
function
is
overarching duty
to
prosecutors
profile
face
cases.
myriad
Nothing,
government
Pittsley,
________
necessarily give
claim
first,
Process
against the
official's
927
F.2d
at
rise to a recoverable
official.
plainly "despicable
7,
conduct
does
and
not
This result
obtains because,
a right secured
authoritatively interpreted
by the Due
and, second,
of the
that appellants'
Because
acts
transgressed a
clearly
the
foregoing reasons,
the
decision
of the
district court is
reversed.
reversed.
________
-1313