United States First Circuit

In granting motions to dismiss certain counts against named and unnamed police officers, the district court should not have dismissed the complaint in its entirety, sua sponte, where there was no motion to dismiss a named police officer in his individual capacity, and the counts against him were not "patently meritless and beyond all hope of redemption."

Appellate Information

• Decided 02/27/2002
• Published 02/27/2002

Judges

• LYNCH, Circuit Judge., Before BOUDIN, Chief Judge, LYNCH, Circuit Judge, and GERTNER, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Valeriano Diviacchi for appellant.


• For Appellees:
  
• Thomas J. Urbelis with whom Urbelis, Fieldsteel & Bailin, LLP was on brief for appellee.