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TORRES-RIVERA v. O'NEILL-CANCEL

No. 03-2627.

406 F.3d 43 (2005)

Margaret TORRES-RIVERA; Ernid Gomez-Torres, Plaintiffs, Appellees, Guadalupe Gomez-Cora; Talina A. Fernandez-Torres; Ramona Cora-Huertas; Angel Santiago-Cora, Plaintiffs, v. Charles O'NEILL-CANCEL, Defendant, Appellant, Ernesto Espada-Cruz; John Doe, Defendants.

United States Court of Appeals, First Circuit.

Decided May 3, 2005.

Attorney(s) appearing for the Case

Julio Cesar Alejandro Serrano, with whom William Vazquez Irizarry, Secretary of Justice, Jo Ann Estades, Director of Federal Litigation Division, Department of Justice, Eileen Landron Guardiola, Eduardo A. Vera Ramirez, and Landron & Vera, LLP were on brief, for appellant.

David A. Cerda, with whom Sigfredo A. Irizarry-Semidei was on brief, for appellees.

Before TORRUELLA, SELYA, and LYNCH, Circuit Judges.

LYNCH, Circuit Judge.

A fifteen-year old boy, Ernid Gomez, was beaten by an on-duty Puerto Rico Police officer, Ernesto Espada-Cruz ("Espada"). Another law enforcement officer at the scene, appellant Charles O'Neill-Cancel ("O'Neill"), had restrained Ernid against a wall by training his gun on the boy. O'Neill also pointed the gun at Ernid's mother, Margaret Torres-Rivera ("Torres-Rivera"), when she came out to see what was happening, and kept her from interfering...

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