United States First Circuit

Summary judgment was properly granted to defendants on civil rights claims arising from an actively resisted arrest, where there was nothing inherently unbelievable about either officer's testimony and plaintiff offered no affirmative evidence contrary to their testimony. Plaintiff may not defeat summary judgment by merely asserting that a jury might not find the officers' testimony credible.

Appellate Information

• Decided 12/16/2008
• Published 12/16/2008

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Sean J. Gallagher for appellant.


• For Appellees:
  
• Joseph L. Tehan, Jr. with whom Jackie Cowin and Kopelman and Paige, P.C. were on brief for appellees.