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MAGNETT v. PELLETIER

No. 73-1276.

488 F.2d 33 (1973)

Ronald MAGNETT, Plaintiff, Appellee, v. Joseph PELLETIER et al., Defendants. William Rhodes, Jr., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 26, 1973.

Attorney(s) appearing for the Case

Paul F. Markham, Boston, Mass., with whom Moulton, Looney, Mazzone, Falk & Markham, Boston, Mass., was on brief, for defendant-appellant.

Ernest Winsor, Boston, Mass., with whom Paula W. Gold, Boston, Mass., was on brief, for plaintiff-appellee.

Before COFFIN, Chief Judge, and ALDRICH and CAMPBELL, Circuit Judges.

PER CURIAM.

In this action under 42 U.S.C. § 1983, plaintiff Magnett sought to recover damages from various police officers, ultimately reduced to Rhodes, a police sergeant, for invading his premises and for an alleged assault causing him physical and emotional injuries. Defendant, concededly without a warrant, had entered plaintiff's apartment and a room in which plaintiff's four small children were sleeping. Following trial the court made extensive findings...

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