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SAVARD v. RHODE ISLAND

No. 02-1568.

338 F.3d 23 (2003)

Angela SAVARD, et al., Plaintiffs, Appellants, v. State of RHODE ISLAND, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 4, 2003.

Attorney(s) appearing for the Case

Gregory A. Belzley, with whom Dinsmore & Shohl LLP and Thomas W. Kelly were on brief, for appellants.

Rebecca Tedford Partington, Deputy Chief, Civil Division, with whom Patrick C. Lynch, Attorney General, was on brief, for appellees.

Before BOUDIN, Chief Judge, COFFIN and BOWNES, Senior Circuit Judges, TORRUELLA, SELYA, LYNCH, LIPEZ and HOWARD, Circuit Judges.

JUDGMENT AND OPINIONS EN BANC

This appeal having been considered by the court en banc, the judgment of the district court is affirmed by an equally divided court. The opinions that follow reflect the views of the participating judges.

SELYA, Circuit Judge (with whom BOUDIN, Chief Judge, and LYNCH and HOWARD, Circuit Judges, join).

The plaintiffs, all of whom were arrested in Rhode Island for non-violent, non-drug-related misdemeanors, were subjected...

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