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United States First Circuit


DWAN v. CITY OF BOSTON, 02-1493

Given the objective circumstances of an officer who refused on Fifth Amendment grounds to testify to a grand jury regarding the beating death of a fellow officer, placing him on administrative leave with pay pending the investigation was not unreasonable, thus defendants are entitled to qualified immunity.

Appellate Information

  • Decided 05/27/2003
  • Published 05/27/2003

Judges

  • BOUDIN, Chief Judge., Before Boudin, Chief Judge, Farris, Senior Circuit Judge, and Torruella, Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Steven P. Perlmutter with whom Michael D. Lurie, Elizabeth C. Sackett and Robinson & Cole, LLP, were on brief for appellants.

  • For Appellees:
  • Stephen J. Delamere with whom Bruce A. Bierhans and Law Offices of Bruce A. Bierhans, LLC, were on brief for appellees.
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