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BURKE v. McDONALD

Nos. 07-2691, 07-2692.

572 F.3d 51 (2009)

Edmund F. BURKE, Plaintiff, Appellee/Cross-Appellant, v. Steven McDONALD, Defendant, Appellant/Cross-Appellee.

United States Court of Appeals, First Circuit.

Decided July 17, 2009.

Attorney(s) appearing for the Case

Joseph P. Kitteredge, with whom Rafanelli & Kitteredge, P.C., Brian Rogal, and Rogal & Donnellan, P.C., were on brief, for appellant/cross-appellee.

Robert S. Sinsheimer, with whom Lauren Thomas and Denner Pellegrino, LLP, were on brief, for appellee/cross-appellant.

Before HOWARD, SELYA, and HANSEN, Circuit Judges.

HOWARD, Circuit Judge.

In 1998, despite the fact that police had obtained DNA evidence excluding him as the perpetrator, Edmund Burke was arrested for murder and forced to spend a total of forty-two days in jail. Burke subsequently filed a civil rights lawsuit under 42 U.S.C. § 1983 against a panoply of those involved in the investigation of the crime, and after years of litigation, a federal jury found Massachusetts State Police Trooper (Tpr.) Steven McDonald...

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