FOLEY v. KIELY

No. 09-1250.

602 F.3d 28 (2010)

Michael J. FOLEY, Plaintiff, Appellant, v. Lawrence KIELY; Gerald P. Collins; Diana Dipietrantonio, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 15, 2010.


Attorney(s) appearing for the Case

Andrew M. Fischer with whom Jason & Fischer was on brief for appellant.

Margaret A. Rubino with whom Joseph P. Kittredge and Rafanelli & Kittredge, P.C. were on brief for appellee Kiely.

Brian Rogal with whom Rogal & Donnellan, P.C. was on brief for appellee Collins.

Michael D. Brennan with whom Timothy M. Burke was on brief for appellee Diana DiPietrantonio.

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


STAHL, Circuit Judge.

Plaintiff-appellant Michael Foley appeals the dismissal of his 42 U.S.C. § 1983 claims against Defendants Lawrence Kiely and Gerald Collins, Massachusetts State Troopers, and Defendant Diana DiPientrantonio, a sergeant with the Massachusetts State Police.1 Foley claims that Troopers Kiely and Collins unconstitutionally seized and arrested him. The District of Massachusetts granted summary judgment in favor of...

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