Irish v. Fowler

Summary

The First Circuit held that a viable substantive due process state-created danger claim under § 1983 was presented against two Maine State Police detectives who left a voicemail for a suspect, triggering a violent rampage that resulted in murder, rape, and kidnapping. The court adopted a four-part test requiring: (1) an affirmative act creating or enhancing danger; (2) danger specific to the plaintiff; (3) causation; and (4) conscience-shocking conduct, with deliberate indifference sufficient when officials have time for unhurried judgments. The court reversed the grant of qualified immunity, finding the law clearly established by a robust consensus of persuasive authority and prior circuit precedent, and by factually similar cases like *Kennedy v. City of Ridgefield* and *Monfils v. Taylor*. Key topics: state-created danger doctrine, substantive due process, qualified immunity, clearly established law, police liability for failure to protect.

Questions Presented

1. Whether the plaintiffs have presented a viable substantive due process state-created danger claim against the defendant officers.
2. Whether the defendant officers are entitled to qualified immunity on the state-created danger claim.