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DWAN v. CITY OF BOSTON

No. 02-1493.

329 F.3d 275 (2003)

Robert A. DWAN; Catherine M. Dwan; Allyson M. Dwan, by her parents and natural guardians, Robert A. Dwan and Catherine M. Dwan; Brittany C.M. Dwan, by her parents and natural guardians, Robert A. Dwan and Catherine M. Dwan; Madyson E. Dwan, by her parents and natural guardians, Robert A. Dwan And Catherine M. Dwan; Robert A. Dwan, Jr., by his parents and natural guardians, Robert A. Dwan and Catherine M. Dwan; Christopher J. Dwan, by his parents and natural guardians, Robert A. Dwan and Catherine M. Dwan, Plaintiffs, Appellees v. CITY OF BOSTON, Defendant. Paul F. Evans, individually and as the Police Commissioner for the Boston Police Department; Thomas Dowd, individually and as an employee of the City of Boston Police Department, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided May 27, 2003.

Attorney(s) appearing for the Case

Steven P. Perlmutter with whom Michael D. Lurie, Elizabeth C. Sackett and Robinson & Cole, LLP, were on brief for appellants.

Stephen J. Delamere with whom Bruce A. Bierhans and Law Offices of Bruce A. Bierhans, LLC, were on brief for appellees.

Before Boudin, Chief Judge, Farris, Senior Circuit Judge, and Torruella, Circuit Judge.

BOUDIN, Chief Judge.

Robert Dwan sued the City of Boston and two superior officers in the Boston Police Department ("Department"), claiming that the defendants violated his Fifth Amendment rights by putting him on paid administrative leave after he refused to testify before a grand jury concerning the vicious beating of another police officer. The district court rejected the officers' claim of qualified immunity, and the officers have appealed. We conclude that Dwan...

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