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SCARPA v. MURPHY

No. 85-1564.

806 F.2d 326 (1986)

John SCARPA, Plaintiff, Appellant, v. William MURPHY, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 5, 1986.

Attorney(s) appearing for the Case

Robert Christo with whom Robert Christo & Associates, West Springfield, Mass., was on brief for appellant.

John D. Lanoue with whom J. Norman O'Connor, David B. Mongue and Donovan & O'Connor, Adams, Mass., were on brief for appellees.

Before CAMPBELL, Chief Judge, BROWN, Senior Circuit Judge, and BOWNES, Circuit Judge.

BOWNES, Circuit Judge.

Plaintiff-appellant John Scarpa brought a section 1983 claim against two police officers, defendants-appellees Tierney and Holmes. Scarpa alleged that the two officers deprived him of his civil rights by deliberately and gratuitously striking him on the head with a nightstick, causing a hearing loss in his left ear. Following a jury-waived trial, the United States District Court for the District of...

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