CONDON, Chief Justice.
This is an action of trespass for assault and battery, false arrest and imprisonment, and for violation of U.S. Rev. Stat. sec. 1979, 42 U.S.C.A. § 1983. The case was previously here on the plaintiff's exception to the decision of the superior court sustaining the defendants' pleas in abatement. We sustained the exception and remitted the case to that court for further proceedings. Clarke v. Sullivan, 96 R.I. 511,
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