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Martinez v. Colon

54 F.3d 980 (1995)

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Martinez v. Colon

United States Court of Appeals for the First Circuit
54 F.3d 980 (1995)

Facts

Wilfredo Martinez (plaintiff) was a member of a Puerto Rican police force. One day, he drove to the precinct before his shift. Upon Martinez’s arrival to the precinct parking lot, fellow officer Angel Valentin taunted Martinez and cocked his gun at Martinez’s stomach. Martinez hurried inside, and shortly thereafter, Valentin again pointed his gun, but this time at Martinez’s genitals. Martinez moved away from the gun, and Valentin again pointed the gun at Martinez’s genitals. The gun accidentally discharged, and Martinez was severely maimed and injured. He brought suit against his commanding officers and the precinct under 42 U.S.C. § 1983, alleging that they owed him a duty to intervene and protect him from harm from the other officer. The district court granted summary judgment in favor of the commanding officers and the precinct. Martinez appealed.

Rule of Law

Issue

Holding and Reasoning (Selya, J.)

Dissent (Bownes, J.)

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