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MAHAN v. PLYMOUTH COUNTY HOUSE OF CORRECTIONS

No. 94-1835.

64 F.3d 14 (1995)

Richard MAHAN and Felicia Mahan, Plaintiffs, Appellants, v. PLYMOUTH COUNTY HOUSE OF CORRECTIONS, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 7, 1995.

Attorney(s) appearing for the Case

Matthew Cobb, with whom Law Firm of Matthew Cobb was on brief, for appellants.

James B. Lampke, for appellee Town of Hull.

Matthew J. Buckley, with whom Law Office of Matthew J. Buckley was on brief, for appellee Walter Bouchie.

Steven M. Walsh, for appellee Plymouth County Sheriff's Dept.

CYR, Circuit Judge, BOWNES, Senior Circuit Judge, and BOUDIN, Circuit Judge.

CYR, Circuit Judge.

On November 14, 1989, Walter Bouchie, a detective with the Town of Hull Police Department ("Hull Police Department"), executed a valid arrest warrant against plaintiff-appellant Richard Mahan ("Mahan") for the rape of Sheila Commesso.1 The arrest took place in Mahan's hatchback automobile. Bouchie and other officers searched the hatchback incident to the arrest and damaged a cord over the hatch area and a pocket tape...

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