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PARKER v. GERRISH

No. 08-1045.

547 F.3d 1 (2008)

Stephen PARKER, Plaintiff, Appellee, v. Kevin GERRISH, Defendant, Appellant, and City of South Portland; South Portland Police Department; Edward Googins, in his individual and official capacities; Jeffrey Caldwell, in his individual and official capacities; and Todd Bernard, in his individual and official capacities, Defendants.

United States Court of Appeals, First Circuit.

Decided November 5, 2008.

Attorney(s) appearing for the Case

Edward R. Benjamin, Jr., with whom Thompson & Bowie, LLP, was on brief for appellant.

Benjamin R. Gideon, with whom Berman & Simmons, P.A., was on brief for appellee.

Before TORRUELLA, BOUDIN, and DYK, Circuit Judges.

TORRUELLA, Circuit Judge.

A jury found in favor of plaintiff, Stephen Parker, on his claim that defendant, Officer Kevin Gerrish of the South Portland Police Department, violated his constitutional rights by using his Taser during the course of arresting Parker for operating a motor vehicle while under the influence of alcohol. The jury awarded $111,000 to Parker, who complained that the use of the Taser and subsequent cuffing caused nerve damage to his arm and injured...

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