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CIPRIANO v. STATE OF R.I.

Nos. 83-1937, 84-1035 and 84-1089.

738 F.2d 535 (1984)

Victor H. CIPRIANO, et al., Plaintiffs, Appellees, v. STATE OF RHODE ISLAND, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided July 11, 1984.

Attorney(s) appearing for the Case

Joseph F. Dugan, Sp. Asst. Atty. Gen., with whom Dennis J. Roberts II, Atty. Gen., and H. Jefferson Melish, Providence, R.I., were on brief, for appellants.

Angelo R. Marocco, Providence, R.I., with whom John J. Kelly, Providence, R.I., was on brief, for appellees.

Before CAMPBELL, Chief Judge, STEWART, Associate Justice (Retired), and BOWNES, Circuit Judge.

BOWNES, Circuit Judge.

This case arises out of an action brought under 42 U.S.C. § 1983 and Rhode Island tort law for assault and battery and malicious prosecution by plaintiffs-appellees, Victor H. Cipriano and Edward F. Tutalo, against Edward Bennett of the Providence police force and Rhode Island state police officers, Alvin T. Pontarelli and Robert A. Magnan.1 The case went to the jury

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