Tatro v. Kervin
Court of Appeals for the First Circuit
1Opinion of the Court
TORRUELLA, Chief Judge.
In this appeal, plaintiff-appellant David Ta-tro seeks a new trial for his civil rights action against three Boston police officers on the ground that the verdict for the defendants was based on erroneous jury instructions. While we agree that the trial court erred in instructing the jury that plaintiffs had to prove that defendant police officers “clearly” lacked probable cause to arrest and “clearly” used excessive force in that arrest, we find the error to be prejudicial only as to part of the verdict, and harmless as to the rest. We therefore affirm in part and…
2Cases cited23 opinions
- Graham v. ConnorSupreme Court of the United States · 1989
- Anderson v. CreightonSupreme Court of the United States · 1987
- Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
- Hunter v. BryantSupreme Court of the United States · 1991
- Frank L. LOEB, Plaintiff, v. TEXTRON, INC., Et Al., DefendantsCourt of Appeals for the First Circuit · 1979
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- Roy v. Inhabitants of the City of LewistonCourt of Appeals for the First Circuit · 1994
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