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MILLER v. LOVETT

No. 1231, Docket 89-7101.

879 F.2d 1066 (1989)

Michael MILLER, Plaintiff-Appellant, v. Jeffrey LOVETT, Robert Nappe, Individually and in their official capacities as Officers in the Police Department of East Haven, Connecticut, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 17, 1989.

Attorney(s) appearing for the Case

Karen Lee Torre, New Haven, Conn. (Williams & Wise, of counsel), for plaintiff-appellant.

Hugh F. Keefe, New Haven, Conn. (Lynch, Traub, Keefe & Errante, Michael J. McClary, of counsel), for defendants-appellees.

Before LUMBARD, PRATT, and ALTIMARI, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

In the early morning hours of August 2, 1987, Michael Miller suffered scalp lacerations and other injuries as he was arrested by two officers of the East Haven, Connecticut, Police Department. Miller filed suit, alleging under 42 U.S.C. § 1983 that the officers used excessive force in violation of his constitutional rights, and under Connecticut law that they committed the torts of assault and battery and negligence. After the...

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