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EVANS v. AVERY

Nos. 95-2125, 95-2126.

100 F.3d 1033 (1996)

Marie EVANS, p.p.a. Muriel Evans, Plaintiff, Appellant, v. Terrace AVERY, et al., Defendants, Appellees. Muriel EVANS and Billy Evans, Plaintiffs, Appellees, v. CITY OF BOSTON, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 20, 1996.

Attorney(s) appearing for the Case

Michael Avery, Boston, MA, with whom Perkins, Smith & Cohen was on brief, for plaintiffs.

Kevin S. McDermott, Assistant Corporation Counsel, Boston, MA, with whom Merita A. Hopkins, Corporation Counsel, was on brief, for defendants.

Before SELYA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and BOYLE, Senior District Judge.

SELYA, Circuit Judge.

These appeals require us to revisit the legal standard which courts must apply to resolve a claim that a police pursuit has been conducted in a manner antithetical to the protections afforded by the substantive aspect of the Due Process Clause. The question arises in the context of a civil action brought against the City of Boston and two of its police officers after a motor vehicle driven by a suspected...

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