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JOHNSON v. SUMMERS

411 Mass. 82 (1991)

577 N.E.2d 301

WILLIE JOHNSON vs. ROBERT SUMMERS & another.

Supreme Judicial Court of Massachusetts, Suffolk.

September 4, 1991.

Attorney(s) appearing for the Case

Joseph L. Tehan, Jr., Assistant Corporation Counsel (Gerard A. Pugsley, Assistant Corporation Counsel, with him) for the defendants.

Carmen L. Durso (Mark F. Itzkowitz with him) for the plaintiff.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.

WILKINS, J.

The defendants, Robert Summers and Robert Nee, Boston police officers, appeal following a Superior Court jury verdict awarding damages to the plaintiff Johnson under 42 U.S.C. § 1983 (1988), for the violation of Johnson's civil rights. In answer to special questions (Mass. R. Civ. P. 49, 365 Mass. 812 [1974]), the jury found that the defendants did not use excessive force or violate Johnson's constitutional rights in arresting him, but that, while...

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