United States First Circuit

In an action brought by plaintiffs claiming they were allegedly attacked and beaten by several city police officers, grant of defendants' motion to dismiss primarily based on plaintiffs' failure to perfect service of process is affirmed in part, reversed in part, and remanded in part where: 1) plaintiffs adduced sufficient circumstantial evidence for a permissible inference that defendants, in the past, authorized certain individuals as their agents for service of process; and 2) the district court abused its discretion by dismissing the action without first permitting limited discovery and holding an evidentiary hearing in light of the factual uncertainty concerning defendants' agency questions.

Appellate Information

• Decided 04/08/2008
• Published 04/08/2008

Judges

• STAHL, Senior Circuit Judge., Before BOUDIN, Circuit Judge, CAMPBELL and STAHL, Senior Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Michael L. Altman, with whom Altman Riley Esher LLP, was on brief, for appellants.


• For Appellees:
  
• Andrew J. Gambaccini, with whom Reardon, Joyce & Akerson, P.C., and Janet J. McGuiggan, City of Worcester, Law Department, were on brief, for appellees.