United States First Circuit

In a civil suit arising from a prostitution sting that backfired, summary judgment for the defendant is affirmed in part and reversed in part. Plaintiff was lawfully detained, given her apparent theft of $20 in police money, but it is a trialworthy issue as to whether the police officer's use of sufficient force to tear her rotator cuff was grossly disproportionate to that petty theft.

Appellate Information

• Decided 01/07/2009
• Published 01/07/2009

Judges

• SELYA, Circuit Judge., Before BOUDIN, SELYA, and STAHL, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Zachary L. Heiden, with whom MCLU Foundation, Barbara L. Goodwin, and Murray, Plumb & Murray were on brief, for appellant.


• For Appellees:
  
• Edward R. Benjamin, Jr., with whom Thompson & Bowie, LLP was on brief, for appellee.