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TREMBLAY v. McCLELLAN

No. 03-1641.

350 F.3d 195 (2003)

Jason A. TREMBLAY and Richard Tremblay, Plaintiffs, Appellees, v. William E. McCLELLAN, Individually and Officially as a Corporal with the Conway Police Department, Defendant, Appellant, David Bennett, Conway Police Department, Town of Conway, Defendants.

United States Court of Appeals, First Circuit.

Decided November 20, 2003.

Attorney(s) appearing for the Case

Donald E. Gardner, with whom Michael A. Ricker and Devine, Millimet & Branch were on brief, for appellant.

Leslie C. Nixon, with whom Nixon, Raiche, Manning, Casinghino & Leach was on brief, for appellees.

Before BOUDIN, Chief Judge, CYR, Senior Circuit Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

Jason Tremblay, age sixteen at the time of the underlying events in this case, and his father, Richard Tremblay, sued the Town of Conway, New Hampshire, its police department, and Captain William McClellan. The suit asserted violations of Jason's constitutional rights and pendent state law claims arising out of his temporary detention under New Hampshire's protective custody statutes.

That detention...

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