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LONG v. L'ESPERANCE

No. 96-082.

701 A.2d 1048 (1997)

David LONG v. Thomas L'ESPERANCE.

Supreme Court of Vermont.

July 11, 1997.

Attorney(s) appearing for the Case

Edmund A. Burke, Putney, for plaintiff-appellant.

Jeffrey L. Amestoy, Attorney General, Timothy B. Tomasi, Assistant Attorney General, and Renee Markus Hodin, Special Assistant Attorney General, Montpelier, for defendant-appellee.

Before GIBSON, DOOLEY, MORSE and JOHNSON, JJ., and ALLEN, C.J. (Ret.), Specially Assigned.

JOHNSON, Justice.

Following his arrest by defendant Trooper L'Esperance on the charge of disorderly conduct, see 13 V.S.A. § 1026, plaintiff brought this action alleging unlawful arrest, false imprisonment, assault, battery, and intentional infliction of emotional distress.1 The case went to trial, and after plaintiff rested, defendant moved for judgment as a matter of law pursuant to V.R.C.P. 50(a). The court granted the motion as...

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