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FERNANDEZ v. LEONARD

No. 89-2205.

963 F.2d 459 (1992)

Oscar J. FERNANDEZ, et al., Plaintiffs, Appellants, v. Francis T. LEONARD, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 29, 1992.

Attorney(s) appearing for the Case

Leonard Glazer with whom Russell R. Weddell and Richard J. Shea, Boston, Mass., were on brief, for appellants.

Suzanne E. Durrell, Deputy Associate U.S. Atty., with whom Wayne A. Budd, U.S. Atty., Boston, Mass., was on brief, for Francis T. Leonard.

David Lee Turner, Boston, Mass., for Town of Brookline and James Rourke.

Edward P. Reardon, Austin M. Joyce, Worcester, Mass., and Michael J. Akerson, Auburn, Mass., on brief, for William McDermott and Peter Murphy.

Before CYR, Circuit Judge, COFFIN and CAMPBELL, Senior Circuit Judges.

COFFIN, Senior Circuit Judge.

Plaintiffs-Appellants, Oscar J. Fernandez and Rosa Fernandez contend that the death of their father and husband ("Mr. Fernandez") during a police and FBI shooting was the product of excessive and unreasonable force. They brought suit under 42 U.S.C. § 1983 against three law enforcement officials,1 the Town of Brookline, and its former police chief. After a twelve...

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