UNWIN v. CAMPBELL

Nos. 88-1116, 88-1117.

863 F.2d 124 (1988)

Ronald UNWIN, Plaintiff, Appellee, v. Police Officer Robert CAMPBELL, et al., Defendants, Appellees. State Trooper Mark Furlone and State Trooper John Ellsworth, Defendants, Appellants. Ronald UNWIN, Plaintiff, Appellee, v. Police Officer Robert CAMPBELL, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided December 9, 1988.


Attorney(s) appearing for the Case

Larry M. Smukler, Sr. Asst. Atty. Gen., Civil Bureau, with whom Stephen E. Merrill, Atty. Gen., Concord, N.H., was on brief, for appellants State Trooper Mark Furlone and State Trooper John Ellsworth.

Robert A. Stein and Shaheen, Cappiello, Stein & Gordon, Concord, N.H., on brief, for Police Officer Robert Campbell, et al.

John G. Vanacore with whom Leahy, Vanacore, Nielsen & Trombly, Concord, N.H., was on brief, for Ronald Unwin.

Before CAMPBELL, Chief Judge, BREYER, Circuit Judge, and ACOSTA, District Judge.


LEVIN H. CAMPBELL, Chief Judge.

This is an interlocutory appeal from the district court's denial of defendants' motions for summary judgment on grounds of qualified immunity. Defendants are state and local police officers who claim immunity from damages in this prison inmate's action against them brought under 42 U.S.C. § 1983 (1982). Notwithstanding the limits upon our appellate jurisdiction in an appeal of this nature, we hold that we may address the issues...

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