O'BRIEN v. TOWN OF BELLINGHAM

No. 18-1704.

943 F.3d 514 (2019)

Joseph O'BRIEN, Plaintiff, Appellant, v. TOWN OF BELLINGHAM, Commonwealth of Massachusetts; Richard Perry, individually and in his official capacity as a police officer; Timothy Joyce, individually and in his official capacity as a police officer; James Russell, individually and in his official capacity as a police officer; Brian Kutcher, individually and in his official capacity as a police officer; John Melanson, individually and in his official capacity as a police officer, Defendants, Appellees, Eric Zimmerman, individually and in his official capacity as a police officer; Michael Gilboy, individually and in his official capacity as a police officer, Defendants.

United States Court of Appeals, First Circuit.

November 22, 2019.


Attorney(s) appearing for the Case

Edward J. McCormick III , Franklin, MA, with whom McCormick & Maitland was on brief, for appellant.

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

Before Howard, Chief Judge, Torruella and Selya, Circuit Judges.


On April 9, 2012, Bellingham police officers responded to a call regarding an unresponsive and potentially intoxicated individual in the woods behind Shirley Drive in Bellingham, Massachusetts. When the officers arrived, they came upon Joseph O'Brien ("O'Brien") laying in a shallow ravine with his pants unbuckled. There...

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