THORE v. HOWE

No. 06-1627.

466 F.3d 173 (2006)

CHARLES THORE, Plaintiff, Appellant, v. JEFFREY HOWE; DANIEL RICHARDS; DAVID NAPOLITANO; MICHAEL J. LYVER; PETER A. KYMALAINEN; LEROY M. JACKSON; PHILLIP J. KEARNS, JR.; JOHN M. KELLEY; MATTHEW DIBARA; GLEN FOSSA, Defendants, Appellees.

United States Court of Appeals, First Circuit.

October 27, 2006.


Attorney(s) appearing for the Case

Paul L. Carlucci for plaintiff-appellant.

Gregg J. Corbo, with whom Joseph L. Tehan, Jr. and Kopelman and Paige, P.C. were on brief, for defendant-appellee Jeffrey Howe.

Joseph P. Kittredge, with whom Law Offices of Timothy M. Burke was on brief, for defendants-appellees Daniel Richards, David Napolitano, and Michael J. Lyver.

Michael J. Kerrigan, with whom Edward T. Hinchey and Sloane & Walsh, LLP were on brief, for defendants-appellees Peter A. Kymalainen, Leroy M. Jackson, Phillip J. Kearns, Jr., John M. Kelley, Matthew Dibara, and Glenn Fossa.

Before Boudin, Chief Judge, Lynch, Circuit Judge, and Schwarzer, Senior District Judge.


LYNCH, Circuit Judge.

This suit under 42 U.S.C. § 1983 asserting excessive force and conspiracy claims raises two interesting issues not directly addressed before by this circuit. The first is whether the Supreme Court's decision in Heck v. Humphrey, 512 U.S. 477, 486-87 (1994), bars the civil rights claim asserting excessive force brought by plaintiff Thore, who earlier pled guilty...

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