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CINELLI v. CUTILLO

No. 89-1354.

896 F.2d 650 (1990)

Arthur J. CINELLI, Plaintiff, Appellee, v. Michael CUTILLO and Robert Nunez, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided February 23, 1990.

Attorney(s) appearing for the Case

Ira H. Zaleznik, with whom Lewin & Rosenthal, Boston, Mass., were on brief for defendants, appellants.

Edward J. McCormick, III, with whom McCormick & Maitland, Norfolk, Mass., were on brief for plaintiff, appellee.

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

BOWNES, Circuit Judge.

This is an appeal by defendants-appellants Michael Cutillo and Robert Nunez from a summary judgment denying them qualified immunity. Cutillo and Nunez are detectives on the police department of Revere, Massachusetts. Although this court has considered this case once before, it is necessary to review the facts and our prior decision to provide the context for this opinion.

I. BACKGROUND

On May 7, 1981, Cinelli was arrested on...

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