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RAICHE v. PIETROSKI

No. 09-1910.

623 F.3d 30 (2010)

Matthew RAICHE, Plaintiff, Appellee, v. Jamie PIETROSKI, Defendant, Appellant, James Coyne, Defendant.

United States Court of Appeals, First Circuit.

Decided October 25, 2010.

Attorney(s) appearing for the Case

Evan C. Ouellette , Assistant Corporation Counsel, with whom William F. Sinnot , Corporation Counsel, was on brief, for appellant.

Rudolph F. Miller , with whom Gabriela Mendoza was on brief, for appellee.

Before THOMPSON, SELYA, and DYK, Circuit Judges.

THOMPSON, Circuit Judge.

Officer Jamie Pietroski suffered a late-night lapse in judgment and forcibly removed a compliant Matthew Raiche from his stopped motorcycle in order to arrest Raiche for, ironically, failure to stop. A jury saw the irony and, after a trial on a number of related civil rights claims, awarded Raiche damages for injuries sustained as a result of Pietroski's use of excessive force. Pietroski filed post-trial motions (1) for judgment as a matter...

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