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Fred Hampton — Part 3
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OPINION OF ‘TILE COURT. 11
By asserting in her brief that ‘‘[Jajuga’s] actions in
supplying Maiorana with drugs, money and guns may have
contributed to the circumstances bringing about [Maio-
rana’s] death,’’ the plaintiff has attempted ‘‘to build a
ease on the gossamer threads of whimsy, speculation and
conjecture.’”? Manganaro v. Delaval Separator Co., 309
¥.2d 389, 393 (1st Cir. 1962). Even if Jajuga had engaged
in the misconduct alleged by the plaintiff, there was no
- indication that it brought about the shooting of Maiorana
by the others. Cf. Palmer v. Hall, 517 F.2d 705, 708-19
(5th Cir. 1975) (judgment against mayor reversed for in-
sufficient evidence that his ‘‘shoot to kill’? statements
caused a police officer to shoot the plaintiff). In the ab-
‘sence of a genuine issue as to Jajuga’s involvement in the
shooting, summary judgment was warranted. See Simms
v. Reiner, 419 F. Supp. 468, 474-75 (N.D. IIL 1976) ; Rich-
ardson v. Snow, 340 F. Supp. 1261, 1262-63 (D. Md. 1972)
-(police- chiefs not. involved in shootings held entitled to- -
summary judgment). Cf. Kostka v. Hogg, supra, 560 F.2d
at 40-41; Delaney v. Dias, supra, 415 F. Supp. at 1353-55
(police chiefs held entitled to dismissals .due to insufficient
allegations of their involvement in subordinates’ mis-
conduct). , a
A more difficult question is whether summary judgment
should have been granted Long, Guilmette, Scire, and Mac-
Donald. All. participated in the events leading up to and
including the fatal shooting. Their affidavits indicate that
_Long.took the lead and chose the moment of arrest. Each
- of the others, by his own admission, fired his gun at the
decedent.
In addressing the liability of these defendants, we bear
in mind that ‘‘police officers . .. must often act swiftly and
plaintiff’s case against Jajuga, in light-of the ample information
the officers at the scene had from other sourees that Maiorana was
armed and dangerous.
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