United States First Circuit

In plaintiff's 42 U.S.C. section 1983 suit against police officers, claiming that they used excessive force in arresting him for public intoxication and in transporting him from a station house to jail, district court's grant of summary judgment in favor of defendants on the basis of qualified immunity is affirmed as the district court had no basis for sending the case to a jury because plaintiff's own deposition provided no evidence to indicate that the force exerted was unnecessary, or that a reasonable police officer would have thought otherwise.

Appellate Information

• Decided 10/15/2010
• Published 10/15/2010

Judges

• BOUDIN

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Michael J. Sheehan, Jeanne P. Herrick