United States First Circuit

In a civil rights action arising from circumstances in which plaintiff was injured while moving her disabled vehicle, per defendant-officer's instruction, a judgment and award of attorney's fees for plaintiff are reversed where the trial court erred in not granting defendant's post-trial Rule 50(b) motion because, on this record, plaintiff failed to state a viable section 1983 claim on either a Fourth Amendment or a substantive due process theory, and no properly instructed jury could have found a violation of constitutional rights on the evidence.

Appellate Information

• Decided 08/09/2007
• Published 08/09/2007

Judges

• LYNCH, Circuit Judge., Before TORRUELLA, NEWMAN, and LYNCH, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Andrew M. Fischer, with whom Jason & Fischer was on brief, for Yvette Lockhart-Bembery., Leonard H. Kesten, with whom Jeremy Silverfine, Dierdre Brennan Regan, and Brody, Hardoon, Perkins & Kesten, LLP, were on brief, for Daniel Sauro.