◆ SpookStack

‘ i, OPINION OF THE COURT. . 7 Approaching the car from behind, Long and Guilmette went to the passenger side, and MacDonald and Scire went to the driver’s side. All had their guns drawn, displayed police identification, and shouted warnings not to move. Long reached into the back seat and attempted ‘to restrain Maiorana’s hands. A shot was fired and Long was hit. MacDonald heard Long exclaim, ‘‘I am hit,’’ or words to that effect. He saw movement in the back seat and fired three times. Scire’s affidavit stated that he fired a single shot after seeing Maiorana reach for his waist. Guilmette stated that he shot from a crouched position after realizing that Long had been hit and seeing Maiorana use his left hand to grip the butt of the gun he had in his belt. Scire ran around the car to assist Long. Both Maiorana and Long were taken to the hospital where Maiorana died. The parties now agree that Scire’s shot hit Long, Guilmette’s shot hit Maiorana in the thigh, and one of MacDonald’s three shots killed Maiorana by piercing his lung and aorta. After making findings well within the compass of the affidavits, the court went on to rule that the plaintiff’s actions survived. her son’s death. Next, it concluded that there was no genuine dispute concerning the reasonable- ness and good faith of the officers, who the court found had. grounds to believe that Maiorana was armed and danger- ous and who were called upon to act decisively under the circumstances. The court characterized the plaintiff’s counteraffidavits as ‘‘mostly conelusory - allegations ... [about] the state of-mind of the officers ... [and] a specu- lative, unsupported and self-serving analysis of the circum- stances surrounding the arrest.’’? It found no competent evidence to create a material issue of fact as to the reason- able belief and good faith of the officers.5 ‘This ruling applied not only to thé plaintiff’s clainy that the defendants used excessive force in arresting her son, but also to her conspiracy to murder claim and her claim as to gross negli- gence by the defendants in supplying her son with guns and drugs. - 7a ~- s