Fournier v. Reardon

Procedural entryThis page is a short order in Fournier v. Reardon. Read the opinion of the Court — 160 F.3d 754
Court of Appeals for the First Circuit·Decided November 13, 1998·No. 98-1316·Published

Opinion

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<pre>                  United States Court of Appeals <br>                      For the First Circuit <br>                       ____________________ <br> <br> <br>No. 98-1316 <br> <br>                        MARK J. FOURNIER, <br> <br>                       Plaintiff, Appellee, <br> <br>                                v. <br> <br>                  CHARLES REARDON, ETC., ET AL., <br> <br>                     Defendants, Appellants. <br> <br>                       ____________________ <br> <br>           APPEAL FROM THE UNITED STATES DISTRICT COURT <br> <br>                FOR THE DISTRICT OF MASSACHUSETTS <br> <br>           [Hon. Joseph L. Tauro, U.S. District Judge] <br> <br>                       ____________________ <br> <br>                              Before <br> <br>                     Torruella, Chief Judge, <br> <br>                Boudin and Stahl, Circuit Judges. <br> <br>                      _____________________ <br> <br>    William P. Breen, Jr., with whom John J. Davis and Morrison, <br>Mahoney & Miller were on brief, for appellants. <br>    Thomas C. Regan, with whom Pearl, McNiff, Crean, Cook & <br>Sheehan was on brief, for appellee. <br> <br> <br>                       ____________________ <br>                                 <br>                       November 10, 1998 <br>                      ____________________

         TORRUELLA, Chief Judge. Defendant-appellants appeal the final <br>order and judgment denying the defendants' motion to dismiss.  <br>Plaintiff-appellee, Mark J. Fournier ("Fournier"), claims that he <br>is entitled to monetary damages for personal injuries allegedly <br>sustained as a result of the defendants' alleged deprivation of <br>his rights under the Fourth and Fourteenth Amendments.  Fournier <br>asserts that the defendants are liable under the Federal Civil <br>Rights Act, 42 U.S.C.  1983, and under the Massachusetts Civil <br>Rights Act, Mass. Gen. Laws ch. 12,  11I.  For the following <br>reasons, we reverse. <br>BACKGROUND  Fournier was employed by the Essex County Sheriff's <br>Department as a corrections officer for more than ten years prior <br>to entering a basic training academy ("academy") run by the Essex <br>County Sheriff's Department.  On May 1, 1995, Fournier and twenty <br>other corrections officers began attending a nine week basic <br>training course which the Essex County Sheriff's Department <br>required for full-time employment.  The academy was staffed by <br>other Essex County Sheriff's Department corrections officers.  It <br>offered both classroom and physical training such as standing at <br>attention, instruction as to chain of command, and protocol in <br>interacting with superior officers. <br>          On the second day of the course, Fournier was ordered to report <br>to the academy training staff's office.  Protocol taught and <br>enforced at the academy required that Fournier, an academy <br>recruit: (1) knock outside the instructors' office door; (2) <br>announce his presence; and (3) request permission to enter before <br>entering the instructors' office.  Fournier breached academy <br>protocol when he failed to follow this regimented procedure and <br>entered the office unannounced. <br>          To punish Fournier for violating academy protocol, one of the <br>drill instructors present in the room ordered Fournier to turn <br>around and bend over.  When Fournier complied, the drill <br>instructor placed handcuffs on his wrists and informed Fournier <br>that he was being placed under "house arrest" for entering the <br>instructors' office without having requested permission.  The <br>drill instructor then allegedly put Fournier's written reports in <br>his mouth and ordered him to return to the classroom.  The other <br>drill instructors in the room failed to intervene on Fournier's <br>behalf. <br>          Fournier returned, in handcuffs, to the classroom.  Within five <br>minutes of the "house arrest," the drill instructor entered the <br>classroom.  Pursuant to academy protocol, the recruits rose to <br>attention upon the entrance of a superior officer.  When the <br>drill instructor ordered the class to be seated, Fournier <br>attempted to seat himself.  Unfortunately, Fournier missed his <br>chair and fell to the ground, allegedly sustaining serious <br>personal injuries, including a fractured vertebra. <br>DISCUSSION  <br>I.  Standard of Review <br>          Although most denials of motions to dismiss are not "final <br>decisions," and thus are not independently appealable, a district <br>court's rejection of a qualified immunity defense is a "final <br>decision,"  Mitchell v. Forsyth, 472 U.S. 511, 528 (1985), and <br>thus we review it here.  Because "[a] necessary concomitant to <br>the determination of whether the constitutional right asserted by <br>a plaintiff is 'clearly established' at the time the defendant <br>acted is the determination of whether the plaintiff has asserted <br>a violation of a constitutional right at all,"  Siegert v. <br>Gilley, 500 U.S. 226, 232 (1991), we will consider whether <br>Fournier has asserted a violation of any constitutional right in <br>his complaint. <br>II.  Section 1983 Claims <br>            Section 1983 states, in relevant part: <br>            Every person who, under color of any statute, ordinance, <br>            regulation, custom, or usage, of any State . . . subjects, or <br>            causes to be subjected, any citizen of the United States   . . . <br>            to the deprivation of any rights, privileges, or immunities <br>            secured by the Constitution and laws shall be liable to the party <br>            injured in any action at law, suit in equity, or other proper <br>            proceeding for redress. <br> <br>42 U.S.C.  1983.  "[Section] 1983 'is not itself a source of <br>substantive rights,' but merely provides 'a method for <br>vindicating federal rights conferred.'"  Graham v. Connor, 490 <br>U.S. 386, 393-94 (1989) (quoting Baker v. McCollan, 443 U.S. 137, <br>144 n.3 (1979)).  "To succeed, a section 1983 plaintiff must show <br>a violation of a right secured by federal law."  Skinner v. City <br>of Miami,

Fournier v. Reardon, (1st Cir. 1998).

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