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CRETE v. CITY OF LOWELL

Nos. 04-1891, 04-1899.

418 F.3d 54 (2005)

Eric R. CRETE, Plaintiff, Appellee/Cross-Appellant, v. CITY OF LOWELL, Defendant, Appellant, Edward Davis III, in his personal capacity and as Superintendent of the Lowell, Massachusetts Police Department; Brian J. Martin, in his official and personal capacities, Defendants, Cross-Appellees, Stephen Ciavola, in his official and personal capacities; Terrance Kane, in his personal capacity; Richard Johnson, Defendants.

United States Court of Appeals, First Circuit.

Decided August 11, 2005.

Attorney(s) appearing for the Case

Daniel S. Sharp for Crete.

Christine P. O'Connor, City Solicitor, with whom Maria Sheehy, Assistant City Solicitor, was on brief, for City of Lowell.

Before TORRUELLA, LYNCH, and LIPEZ, Circuit Judges.

LYNCH, Circuit Judge.

Two issues are presented by this case, raising claims of negligent hiring by a city. The first is whether the district court was correct in entering summary judgment against plaintiff Eric Crete's federal civil rights claim, under 42 U.S.C. § 1983, that the City of Lowell was deliberately indifferent to Crete's rights when it hired Officer Steve Ciavola in the fall of 1995. Crete says Ciavola used excessive force when he arrested Crete in...

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