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JARRETT v. TOWN OF YARMOUTH

No. 00-2498.

309 F.3d 54 (2002)

Jerome JARRETT, Plaintiff, Appellee, v. TOWN OF YARMOUTH, Gerard Britt, Cheryl Nugent Gomsey, Richard White, Defendants, Peter McClelland, Robert Chapman, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided October 25, 2002.

Attorney(s) appearing for the Case

Leonard H. Kesten, with whom Deidre Brennan Regan and Brody, Hardoon, Perkins & Kesten were on brief, for appellants Peter McClelland and Robert Chapman.

Donald W. Cook, with whom Kathleen J. Wood were on brief, for appellee.

Before TORRUELLA, Circuit Judge, COFFIN, Senior Circuit Judge, and LIPEZ, Circuit Judge.

TORRUELLA, Circuit Judge.

On December 16, 1994, Officer Peter McClelland released his police dog, Shadow, which apprehended Jerome Jarrett by biting Jarrett's leg after Jarrett had fled from the scene of a minor traffic accident. Jarrett subsequently sued Officer McClelland and the Yarmouth Chief of Police, Robert Chapman, under 42 U.S.C. § 1983, alleging, inter alia, that Officer McClelland had used excessive force when he released Shadow and that Chief Chapman...

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