Opinion

Dennis W. Ricci v. Captain Michael Urso

  • 974 F.2d 5
  • 1992 U.S. App. LEXIS 20472
  • 1992 WL 208659
Court
Court of Appeals for the First Circuit
Filed
Aug 31, 1992
Status
Published
Author
Stahl
On the bench
Breyer, Cyr, Stahl
Cited by
57 cases

"Assessing the credibility of witnesses . . . is the exclusive province of the jury."

How later courts described this case

  • "Assessing the credibility of witnesses . . . is the exclusive province of the jury."
  • finding that presence of plaintiffs name in rolodex of suspected gambler could not support reasonable belief in probable cause
  • individual doctors who treated the plaintiff were not liable for deliberate 6 indifference where there was insufficient evidence that they personally, as opposed to other 7 prison officials, were responsible or at fault for delays in treatment that harmed the plaintiff
  • “[W]e need not decide whether the government must prove that the defendant knew he had no entitlement.”

Written by the judges who cited it.

The opinion

STAHL, Circuit Judge

(concurring).

I concur simply to state that I do not read this opinion as holding that a plaintiff is never entitled to summary judgment on the question of liability in a § 1983 action. Indeed, I believe that if plaintiff were to make a timely motion for partial summary judgment on the question of liability, and if defendants were to produce no further probative evidence supporting their entitlement to qualified immunity, then, on this record, plaintiff would be entitled to have his motion granted.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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