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FORTIN v. TITCOMB

No. 10-2370.

671 F.3d 63 (2012)

Michael FORTIN, Plaintiff, Appellant, v. Jacob TITCOMB, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 26, 2012.

Attorney(s) appearing for the Case

Michael A. Feldman , with whom Leslie Feldman-Rumpler was on brief, for appellant.

Douglas I. Louison , with whom Louison, Costello, Condon & Pfaff, LLP was on brief, for appellee.

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

LIPEZ, Circuit Judge.

A federal jury awarded appellant Michael Fortin $125,000 in damages against a Wells, Maine police officer after finding that the officer negligently used force in arresting Fortin in 2007. In a post-judgment ruling, the district court reduced the award to $10,000—the maximum set by the Maine Tort Claims Act ("MTCA" or "Act") for the personal liability of government employees. See Me.Rev.Stat. Ann. tit. 14, § 8104-D. On appeal...

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