United States First Circuit

In a suit under 42 U.S.C. section 1983 asserting excessive force and conspiracy claims, summary judgment for defendants is affirmed where: 1) the conspiracy claim was properly dismissed for failure to state a claim; 2) it was unclear whether the decision in Heck v. Humphrey, 512 U.S. 477 (1994), barred plaintiff's excessive force claim; and 3) at any rate, under the circumstances, there was no abuse of discretion in a finding that plaintiff was judicially estopped from asserting facts inconsistent with the facts to which he agreed during a plea colloquy.

Appellate Information

• Decided 10/27/2006
• Published 10/27/2006

Judges

• LYNCH, Circuit Judge., Before BOUDIN, Chief Judge, LYNCH, Circuit Judge, and SCHWARZER, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Paul L. Carlucci, for plaintiff-appellant.


• For Appellees:
  
• Gregg J. Corbo, with whom Joseph L. Tehan, Jr. and Kopelman and Paige, P.C. were on brief, for defendant-appellee Jeffrey Howe., Joseph P. Kittredge, with whom Law Offices of Timothy M. Burke was on brief, for defendants-appellees Daniel Richards, David Napolitano, and Michael J. Lyver., Michael J. Kerrigan, with whom Edward T. Hinchey and Sloane & Walsh, LLP were on brief, for defendants-appellees Peter A. Kymalainen, Leroy M. Jackson, Phillip J. Kearns, Jr., John M. Kelley, Matthew Dibara, and Glenn Fossa.