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TATRO v. KERVIN

No. 94-1046.

41 F.3d 9 (1994)

David TATRO, Plaintiff-Appellant, v. Timothy KERVIN, et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided December 1, 1994.

Attorney(s) appearing for the Case

Sarah R. Wunsch, with whom Massachusetts Civ. Liberties Union Foundation and Chrystal Murray, Boston, MA, were on brief, for appellant.

Kevin S. McDermott, Asst. Corp. Counsel, with whom Albert W. Wallis, Corp. Counsel, City of Boston Law Department, Boston, MA, was on brief, for appellees.

Before TORRUELLA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and CARTER, District Judge.

TORRUELLA, Chief Judge.

In this appeal, plaintiff-appellant David Tatro seeks a new trial for his civil rights action against three Boston police officers on the ground that the verdict for the defendants was based on erroneous jury instructions. While we agree that the trial court erred in instructing the jury that plaintiffs had to prove that defendant police officers "clearly" lacked probable cause to arrest and "clearly" used excessive force in that arrest, we...

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