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GARDNER v. VESPIA

No. 00-1544.

252 F.3d 500 (2001)

Geoffrey W. GARDNER, Plaintiff, Appellant, v. Vincent VESPIA, Jr., Individually and in His Capacity as Chief of Police of the South Kingstown Police Department, Stephen A. Alfred, Individually and in His Capacity as Town Manager of the Town of South Kingstown, Barbara A. Hackey, Individually and in Her Capacity as President of the Town Council of the Town of South Kingstown, and Alan R. Lord in His Capacity as Finance Director of the Town of South Kingstown, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 11, 2001.

Attorney(s) appearing for the Case

Perry D. Wheeler, was on brief, for appellant.

Kathleen M. Powers, with whom Marc DeSisto and DeSisto Law were on brief, for appellees.

Before TORRUELLA, Chief Judge, CYR, Senior Circuit Judge, and STAHL, Senior Circuit Judge.

TORRUELLA, Chief Judge.

This appeal arises from an action for damages filed by appellant Geoffrey Gardner against South Kingstown (Rhode Island) Chief of Police Vincent Vespia pursuant to 42 U.S.C. § 1983. Specifically, appellant alleges that Vespia violated his Second and Fourteenth Amendment rights when he concluded that Gardner's prior nolo contendere plea for misdemeanor domestic assault constituted a "conviction" under 18 U.S.C. § 922(g)(9),...

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