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McGRATH v. TAVARES

No. 12-2277.

757 F.3d 20 (2014)

Denise McGRATH, Administratrix of the Estate of Anthony W. McGrath, Plaintiff, Appellant, v. Richard T. TAVARES, Edwin F. Almeida, Robert J. Pomeroy, and the Town of Plymouth, MA, Defendants, Appellees.

United States Court of Appeals, First Circuit.

August 1, 2014.

Attorney(s) appearing for the Case

Paul J. Driscoll , with whom Driscoll & Gibson was on brief, for appellant.

Leonard H. Kesten , with whom Deidre Brennan Regan and Brody, Hardoon, Perkins & Kesten, LLP were on brief, for appellees.

Before HOWARD, STAHL, and THOMPSON, Circuit Judges.

THOMPSON, Circuit Judge.

This appeal stems from the tragic deadly shooting of a sixteen-year-old boy named Anthony McGrath ("Anthony") by a Plymouth police officer. Following the untimely death of her son, Denise McGrath ("McGrath") filed a 42 U.S.C. § 1983 action, alleging the police officers involved had used excessive force in violation of the Fourth and Fourteenth Amendments. The two named police officers moved for...

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