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MAIORANA v. MacDONALD

Nos. 78-1424, 78-1425.

596 F.2d 1072 (1979)

Christine MAIORANA, as the Administratrix of the Estate of Anthony C. Maiorana, Plaintiff-Appellant, v. Robert D. MacDONALD and Robert Scire, Defendants-Appellees. Christine MAIORANA, as the Administratrix of the Estate of Anthony C. Maiorana, Plaintiff-Appellant, v. James JAJUGA, Robert J. Long, and Ronald Guilmette, Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided April 18, 1979.

Attorney(s) appearing for the Case

Jeffrey M. Kaye and Raymond C. Malloy, with whom Struffolino, Malloy & Kaye, Methuen, Mass., were on brief, for plaintiff-appellant.

Joseph W. Monahan, III, Boston, Mass., for defendant-appellee Robert Scire.

Edward J. Duggan, Sp. Asst. Atty. Gen., with whom Chester R. McLaughlin, Sp. Asst. Atty. Gen., was on brief, for defendants-appellees James Jajuga, Robert J. Long and Ronald Guilmette.

Carolyn Grace, Asst. U.S. Atty., Boston, Mass., with whom Edward F. Harrington, U.S. Atty., Boston, Mass., was on brief, for defendant-appellee Robert D. MacDonald.

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

BOWNES, Circuit Judge.

The plaintiff is the mother of Anthony C. Maiorana who was shot and killed in the course of an arrest on February 15, 1974, by local, state and federal law enforcement officers. As administratrix of her son's estate, she brought two actions for damages under 42 U.S.C. § 1983 and the fourth amendment to the United States Constitution.1 The first complaint was filed against

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