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LAFRENIER v. KINIREY

No. 07-1644.

550 F.3d 166 (2008)

Timothy L. LaFRENIER, Plaintiff, Appellant, v. Mary Anne KINIREY; Daniel Morrison; Town of Townsend, Defendants, Appellees, William E. May, Defendant.

United States Court of Appeals, First Circuit.

Decided December 16, 2008.

Attorney(s) appearing for the Case

Sean J. Gallag her for appellant.

Joseph L. Tehan, Jr. with whom Jackie Cowin and Kopelman and Paige, P.C. were on brief for appellees.

Before LYNCH, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.

LYNCH, Chief Judge.

Timothy LaFrenier appeals from the entry of summary judgment on his civil rights claims against the Town of Townsend, Massachusetts and two police officers. The appeal raises again the familiar but erroneous claim that summary judgment may be defeated on an argument of mere disbelief of the moving party's evidence.

The claims arose from events midday on June 15, 2001 when Townsend police found LaFrenier sitting in his car, pulled over by...

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