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LOCKHART-BEMBERY v. SAURO

Nos. 06-1720, 06-2228.

498 F.3d 69 (2007)

Yvette LOCKHART-BEMBERY, Plaintiff, Appellant/Cross-Appellee, v. Daniel SAURO, Defendant, Appellee/Cross-Appellant, Town of Wayland Police Department; Robert Irving, in his capacity as Chief of the Wayland Police Department, Defendants.

United States Court of Appeals, First Circuit.

Decided August 9, 2007.

Attorney(s) appearing for the Case

Andrew M. Fischer, with whom Jason & Fischer was on brief, for Yvette Lockhart-Bembery.

Leonard H. Kesten, with whom Jeremy Silverfine, Dierdre Brennan Regan, and Brody, Hardoon, Perkins & Kesten, LLP, were on brief, for Daniel Sauro.

Before TORRUELLA, NEWMAN, and LYNCH, Circuit Judges.

LYNCH, Circuit Judge.

Routine police assistance to a disabled motorist whose car posed a traffic hazard on a busy road was transmogrified into a civil rights action under 42 U.S.C. § 1983. The plaintiff alleged, inter alia, that the officer violated her Fourth Amendment rights when he instructed her to move her car or it would be towed, she did so, and she was injured. She also alleged a violation of her Fourteenth Amendment substantive due process rights on...

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