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CUMMINGS v. McINTIRE

No. 01-1301.

271 F.3d 341 (2001)

James W. CUMMINGS and Deborah Cummings, Plaintiffs, Appellants, v. Police Officer Allen McINTIRE, Police Chief Michael Chitwood, and the City of Portland, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 16, 2001.

Attorney(s) appearing for the Case

Michael J. Waxman for appellants.

Mark E. Dunlap, with whom Norman, Hanson & DeTroy was on brief, for appellees.

Before LYNCH, Circuit Judge, COFFIN, Senior Circuit Judge, and YOUNG, District Judge.

COFFIN, Senior Circuit Judge.

Appellant James Cummings brought this suit under 42 U.S.C. § 1983 claiming that his right to substantive due process was violated when appellee Allen McIntire, an on-duty police officer, allegedly struck him unjustifiably as Cummings asked for street directions. The district court granted summary judgment for all defendants.1 It concluded that McIntire's conduct...

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