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KENNEDY v. TOWN OF BILLERICA

Nos. 08-2221, 08-2222.

617 F.3d 520 (2010)

Brian J. KENNEDY; Michelle Kennedy, individually and as mother and next friend of B.D.K.; M.K.; D.K., Plaintiffs, Appellees/Cross-Appellants, v. TOWN OF BILLERICA; Daniel C. Rosa, individually and as Chief of the Billerica Police Department; Mark Tsoukalas; Richard Nestor; Scott Parker, Defendants, Appellants/Cross-Appellees, Thomas Conners; Frank A. MacKenzie; Richard Rhonstock; Martin E. Conway; Andrew Devito; Richard Howe; Steven Elmore; Michael A. Casey; William MacDonald; Alan Munn, Defendants, Appellees, John Barretto, individually and as former Chief of the Billerica Police Department, et al., Defendants.

United States Court of Appeals, First Circuit.

Decided July 13, 2010.

Attorney(s) appearing for the Case

Leonard H. Kesten with whom Deidre Brennan Regan , Jeremy I. Silverfine , and Brody, Hardoon, Perkins & Kesten, LLP were on brief for the appellants/cross-appellees and appellees.

Andrew M. Fischer with whom Jason & Fischer, Frederick V. Gilgun, Jr. , and Nicholson, Sreter & Gilgun, P.C. were on brief for the appellees/cross-appellants.

Before LYNCH, Chief Judge, BOUDIN and LIPEZ, Circuit Judges.

LYNCH, Chief Judge.

We affirm in part and reverse in part in this contentious civil rights case brought by a family of plaintiffs, the Kennedys, against the Town of Billerica, Massachusetts, and numerous individual police officers. Before us are cross-appeals from jury verdicts and court rulings in the two trials in this bifurcated case.

Specifically, we hold that error in instructing the jury in the first trial on the state law crime of assault and battery...

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