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ROY v. INHABITANTS OF CITY OF LEWISTON

No. 94-1260.

42 F.3d 691 (1994)

Michael G. ROY, Plaintiff, Appellant, v. INHABITANTS OF the CITY OF LEWISTON, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 21, 1994.

Attorney(s) appearing for the Case

Walter Hanstein, III with whom William Maselli and Joyce, Dumas, David & Hanstein, P.A., Livermore Falls, ME, were on brief, for appellant.

Edward R. Benjamin, Jr. with whom Daniel Rapaport and Preti, Flaherty, Beliveau & Pachios, Portland, ME, were on brief, for appellees.

Before TORRUELLA, CYR and BOUDIN, Circuit Judges.

BOUDIN, Circuit Judge.

On August 13, 1991, around 9:00 p.m., officers Michael Whalen and Richard Mercer of the Lewiston Police Department were sent to investigate a domestic violence report at the home of Michael and Edith Roy. On arriving, Edith Roy told the police officers that Michael Roy ("Roy") was armed with two knives and had threatened to use them against any policeman who approached him. The policemen then went outside to the back of the residence and found...

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