BERUBE v. CONLEY

No. 06-2644.

506 F.3d 79 (2007)

Vince BERUBE, Plaintiff, Appellee, v. Carly CONLEY; Eric W. Syphers; Matthew Vierling, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided October 31, 2007.


Attorney(s) appearing for the Case

Edward R. Benjamin, Jr. with whom Rosie McKinley Williams was on brief for appellants.

John S. Campbell, for appellee.

Before BOUDIN, Chief Judge, LYNCH, Circuit Judge, and SCHWARZER, Senior District Judge.


SCHWARZER, District Judge.

Before the court is an appeal from the denial of a motion for summary judgment by three police officers in an action alleging excessive force in violation of 42 U.S.C. § 1983 and Maine law. Following the recommendation of the magistrate judge, the district court denied summary judgment based on qualified immunity to three officers who fired at the plaintiff while he was on the ground, already shot. The magistrate judge reasoned that...

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