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Fred Hampton — Part 3

251 pages · May 09, 2026 · Broad topic: General · Topic: Fred Hampton · 251 pages OCR'd
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10 MAIORANA U. MACDONALD counterbalanced by the desirability of screening out frivo- lous actions through the summary judgment filter so as not to discourage officials from taking necessary and deci sive action. See Butz v. Economou, supra, 98 §. Ct. at 2906 and 2911, 46 U.S.L.W. at 4957 and 4960. It is with this perspective that we determine whether the defendants were entitled to summary judgment. We have the least difficulty concluding that summary judgment was properly awarded Jajuga. Jajuga could not ‘be held liable under § 1983 unless he had some personal role in Maiorana’s death. Kostka v. Hogg, 560 F.2d 37, 40 (1st Cir. 1977). According to the undisputed facts, he did not participate in the investigation that led to the at- tempted arrest of Maiorana and was not present when Maiorana was shot. Furthermore, although one of the plaintiff’s counter- affidavits sharply contradicted some of Jajuga’s sworn statements, it failed to establish the existence of a genuine and material factual issue concerning” his liability. The ‘dispute centered on whether Jajuga had supplied Maiorana ‘with guns, money, and drugs when Maiorana was acting as his infofmant—an issue that had no direct bearing on Jajuga’s involvement in the fatal shooting of Maiorana. There was further disagreement as to whether Jajuga threatened Maiorana when he said he no longer wanted to be an informant, but there was nothing solid in the plain- tiff’s counteraffidavit to link this alleged threat to the actions of those who participated in the fatal shooting.” 7¥or example, the allegation that, on the evening before he was shot, Maiorana told the plaintift that he was afraid police were going to kill him did not specifically connect Jajuga to the shoot- And, as noted at n.2, supra, the plaintiff is.no longer pressing in conspiracy to murder claim. Further allegations that Jajuga warned Long to be careful of Maiorana and gave him Maiorana’s picture do “not appear to be based on the plaintiff’ '$ personal knowledge, as required by Rule 56(e). Even if they were, they would not appreciably advance the - 10a - $ arme asd.
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