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DIAZ v. CITY OF FITCHBURG

No. 98-1899.

176 F.3d 560 (1999)

Julio DIAZ, Ruben Diaz, Jeffrey Duenes, Guillermo Plaza, Amilcar Rodriguez, Andre Rosado and Dalila Serrano, Administrator, Plaintiffs, Appellants, v. CITY OF FITCHBURG, Edward Gallant, Jr., Mark Louney, John O'Leary, Philip Kearns, John J. Murray, Dennis Banville, John Maki, Ronald L'Ecuyer, James F. Gilbert, James Gillis, Ernest Martineau, Gary Ouellette, David Daigle, Todd Deacon, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 14, 1999.

Attorney(s) appearing for the Case

Darragh K. Kasakoff, with whom Darragh K. Kasakoff, was on brief for appellants.

Patrick J. Costello, with whom Douglas I. Louison, Regina M. Gilgun, and Merrick & Louison, were on brief for appellees.

Before STAHL, Circuit Judge, MAGILL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

STAHL, Circuit Judge.

Plaintiffs Julio Diaz, Ruben Diaz, Jeffrey Duenes, Guillermo Plaza, Amilcar Rodriguez, and Andre Rosado brought civil rights and common law claims for damages and equitable relief against the City of Fitchburg, Massachusetts, and several officers of the Fitchburg Police Department. They alleged, inter alia, that their custodial arrest for offending a city ordinance punishable only by a fine was unconstitutional and/or contrary to Massachusetts...

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