US Supreme Court allows lawsuit against troopers to proceed

Recent Cases

The U.S. Supreme Court declined to hear an appeal by two state police officers accused of failing to protect a woman from a man who went on a deadly rampage, allowing a civil lawsuit to proceed.

Troopers were accused of failing to do enough when Brittany Irish reported that her boyfriend kidnapped and sexually assaulted her and later set fire to a barn owned by her parents in July 2015.

Her request for police protection was denied.

Hours later, the boyfriend killed Irish’s boyfriend, 22-year-old Kyle Hewitt, and wounded her mother before proceeding to kill another man and wound two others across several towns in northern Maine.

The U.S. Supreme Court declined to hear the case on Monday but didn’t say why, the Portland Press Herald reported. The court’s decision means the troopers will not be protected by the legal concept of qualified immunity.

The attorney general’s office, which is defending the troopers, declined comment Tuesday on the lawsuit. Irish’s attorney didn’t immediately return a call seeking comment.

The man charged in the crime spree, Anthony Lord, pleaded guilty in 2017 to two counts of murder, two counts of attempted murder, aggravated assault and other charges. He’s serving two life sentences.

The lawsuit contends state police triggered the rampage when they called Lord’s cellphone, tipping him off that Brittany Irish had gone to police, instead of attempting to find or detain him. She said she’d warned police that Lord had threatened her if she spoke to authorities.

Later, police declined to post an officer outside her parents’ farmhouse in Benedicta, citing a lack of manpower.

The 1st U.S. Circuit Court of Appeals said jurors could conclude that police created the danger, removing the qualified immunity concept that normally protects officers from actions in the line of duty.

“The defendants’ apparent utter disregard for police procedure could contribute to a jury’s conclusion that the defendants conducted themselves in a manner that was deliberately indifferent to the danger they knowingly created,” the court said.

Related listings

  •  Mayor’s husband pleads not guilty to drug, weapons counts

    Mayor’s husband pleads not guilty to drug, weapons counts

    Recent Cases 05/20/2021

    The husband of Rochester Mayor Lovely Warren pleaded not guilty to criminal drug and weapons charges Thursday, a day after a police search of the house he shares with the mayor. Timothy Granison appeared via video in Rochester City Court from the Mon...

  • Judge: Pretrial release OK for man accused in Capitol riot

    Judge: Pretrial release OK for man accused in Capitol riot

    Recent Cases 05/14/2021

    A judge has ruled that one of two Oregon brothers accused in the insurrection at the U.S. Capitol will be released from custody Friday to a third-party guardian, where he will be on home detention and GPS monitoring pending his trial. U.S. District J...

  • Trump made lasting impact on federal courts

    Trump made lasting impact on federal courts

    Recent Cases 12/28/2020

    On this, even President Donald Trump’s most fevered critics agree: he has left a deep imprint on the federal courts that will outlast his one term in office for decades to come.He used the promise of conservative judicial appointments to win ov...

New York Adoption, Foster Care Litigation and Family Law

Rosin Steinhagen Mendel is a law firm dedicated to serving our clients in New York City, the surrounding counties in southern New York State, and in New Jersey, in the areas of adoption, foster care litigation, and family law.

We represent our clients in all types of proceedings that include termination of parental rights, permanency hearings, custody hearings, guardianship, administrative proceedings, and adoption. Our goal is to provide each of our clients with the best possible representation in all aspects of their cases, and clients appreciate our careful analysis of individual cases, through preparation and attention to detail. For over 35 years, our attorneys have represented adoptive parents, birth parents, foster parents, children, foster care agencies, and adoption agencies. We represent our clients in all types of proceedings that include termination of parental rights, permanency hearings, custody hearings, guardianship, administrative proceedings, and adoption.

Our goal for our lawyers is to provide each of our clients with the best possible representation in all aspects of their cases, and clients appreciate our careful analysis of individual cases, through our preparation and attention to detail.

Business News

New York Adoption and Family Law Attorneys Our attorneys have represented adoptive parents, birth parents, and adoption agencies. >> read