Reader Ad Slot
Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Fred Hampton — Part 3
Page 241
241 / 251
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.
Community corrections
No user corrections yet.
Comments
No comments on this document yet.
Bottom Reader Ad Slot
Bottom Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Continue Exploring
Agency Collection
Explore This Archive Cluster
Broad Topic Hub
Topic Hub
letter
bureau
Related subtopics
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic