ELDREDGE v. TOWN OF FALMOUTH, MA

No. 11-1151.

662 F.3d 100 (2011)

James R. ELDREDGE, Plaintiff, Appellant, v. TOWN OF FALMOUTH, MA; Anthony Riello, individually and in his official capacity as the Chief of the Falmouth Police Department; Thomas Maguire, individually and in his official capacity as an Officer of the Falmouth Police Department; Michael Simoneau, individually and in his official capacity as an officer of the Falmouth Police Department, a/k/a "The Seminole", Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 22, 2011.


Attorney(s) appearing for the Case

George F. Gormley , with whom George F. Gormley, P.C. was on brief, for appellant.

Daniel G. Skirp , with whom Pierce, Davis & Perritano, LLP was on brief, for appellees.

Before BOUDIN, HOWARD and THOMPSON, Circuit Judges.


HOWARD, Circuit Judge.

This is an appeal from the dismissal of a complaint alleging Section 1983 unreasonable seizure claims against two Falmouth, Massachusetts police officers. Plaintiff-appellant James R. Eldredge, who tragically was struck by a police cruiser during the course of the officers' response to a 911 call, challenges the district court's determination that qualified immunity shielded the officers from suit. Discerning no error, we affirm.

I...

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