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MLODZINSKI v. LEWIS

Nos. 10-1966, 10-1967.

648 F.3d 24 (2011)

Thomas MLODZINSKI; Tina Mlodzinski, individually and as mother and next friend of J.M., Plaintiffs, Appellees, v. Michael F. LEWIS, in his individual and official capacities as Bristol Police Department Sergeant; Timothy J. Woodward, in his individual and official capacities as Bristol Police Department Officer; Gordon C. Ramsay, in his individual and official capacities as Bristol Police Department Officer; Richard Arell, in his individual and official capacities as Northfield Police Department Officer; Central New Hampshire Special Operations Unit, a/k/a CNHSOU; Robert Cormier, in his individual and official capacities as Plymouth Police Department Officer; Chris Tyler, in his individual and official capacities as Littleton Police Department Officer; Rick Tyler, in his individual and official capacities as Grafton Sheriff's Department Officer, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided June 2, 2011.

Attorney(s) appearing for the Case

Charles P. Bauer , with whom Gallagher, Callahan & Gartrell, P.C. was on brief, for appellants Lewis, Woodward, and Ramsay.

William G. Scott , with whom Boynton, Waldron, Doleac, Woodman & Scott, P.A. was on brief, for appellants Central New Hampshire Special Operations Unit, Arell, Cormier, Chris Tyler, and Rick Tyler.

Matthew J. Lahey for appellees.

Before LYNCH, Chief Judge, SELYA and HOWARD, Circuit Judges.

LYNCH, Chief Judge.

This § 1983 action alleges that on August 2, 2006, defendant law enforcement officers from the Bristol, New Hampshire police force and the Central New Hampshire Special Operations Unit (CNHSOU) used excessive force in executing search and arrest warrants. Plaintiffs, who are family members of the suspect arrested, allege that their Fourth Amendment rights were violated by the officers' treatment of them while they were detained during the...

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