United States First Circuit

Dismissal of plaintiff's substantive due process claim, alleging that defendant-police officer wrongfully conducted a breath alcohol test, is affirmed where plaintiff's evidence fails to sustain a finding that defendant committed a conscience-shocking act.

Appellate Information

• Decided 10/04/2005
• Published 10/04/2005

Judges

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

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Michael J. Sheehan, for appellant.


• For Appellees:
  
• Charles P. Bauer, with whom John T. Alexander and Ransmeier & Spellman, PC, were on brief, for appellee.