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RIVERA v. RHODE ISLAND

No. 04-1568.

402 F.3d 27 (2005)

Iris RIVERA, Individually and as Administratrix of the Estate of Jennifer Rivera, Plaintiff, Appellant, v. State of RHODE ISLAND; City of Providence; Emilio Matos, Individually; John Finegan, Individually; Randy White, Individually; George Page, Individually; Urbano Prignano, Jr., Individually and in his Official Capacity as Chief of Police for the City of Providence; Police Department of the City of Providence, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 22, 2005.

Attorney(s) appearing for the Case

Michael T. Eskey, with whom Amato A. DeLuca, Miriam Weizenbaum, DeLuca & Weizenbaum Ltd., Nick Brustin, and Cochran, Neufeld & Scheck, LLP were on brief, for Appellant.

Marc DeSisto, with whom Kathleen M. Daniels and DeSisto Law were on brief, for Appellees Randy White and George Page.

Joseph F. Penza, Jr., with whom Martin K. DeMagistris and Olenn & Penza, LLP were on brief, for Appellees Emilio Matos and John Finegan.

Kevin F. McHugh, Assistant City Solicitor, Providence Law Department, with whom Joseph M. Fernandez, City Solicitor, and Caroline Cole Cornwell, Assistant City Solicitor, were on brief, for Appellees City of Providence and Urbano Prignano, Jr.

Before LYNCH, Circuit Judge, CAMPBELL, Senior Circuit Judge, and HOWARD, Circuit Judge.

LYNCH, Circuit Judge.

In May 2000, fifteen year old Jennifer Rivera was shot dead in front of her house in Providence, Rhode Island, to stop her from testifying at a murder trial that she saw Charles Pona, the defendant in the trial, fleeing from the scene of the murder of Hector Feliciano in August of 1999. Her death has been avenged in one sense: Charles Pona, who ordered her murder, was convicted of her murder in state court. Charles Pona was sentenced to life...

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