Legal Opinion

Delaney v. Dias

District Court, D. Massachusetts

Decided June 30, 1976No. CA 75-4584-T, 75-4600-TPublishedCited by 30 opinions

1Opinion of the Court

OPINION

TAURO, District Judge.

These two cases have been brought under 42 U.S.C. §§ 1983 and 1988 for redress of deprivation of constitutional rights under color of state law. Plaintiffs in both cases claim that they were victims of undue force applied against them by defendant Boston police officers during arrests in September of 1975. Police Commissioner Robert J. di Grazia, although also named as a defendant in both complaints, is not alleged to have participated, or directly conspired, in the beatings described.

All defendants in CA 75-4584-T have moved to dismiss the complaint. Defendant di…

2Cases cited31 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Rizzo v. GoodeSupreme Court of the United States · 1976
  3. Monroe v. PapeSupreme Court of the United States · 1961
  4. Haguer v. Committee for Industrial OrganizationSupreme Court of the United States · 1939
  5. District of Columbia v. CarterSupreme Court of the United States · 1973

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3Cited by30 opinions

  1. Donald L. Hays, Jr., and Michael C. Potter, Cross-Appellants v. Jefferson County, Kentucky, Wilbur Bilyeu and Russell McDaniel Cross-AppelleesCourt of Appeals for the Sixth Circuit · 1982
  2. Leite v. City of Providence Ex Rel. McKiernanDistrict Court, D. Rhode Island · 1978
  3. V. Stevens Kite v. Clarence M. Kelley, Director, Federal Bureau of InvestigationCourt of Appeals for the Tenth Circuit · 1976
  4. Santiago v. City of PhiladelphiaDistrict Court, E.D. Pennsylvania · 1977
  5. Dobos v. DriscollMassachusetts Supreme Judicial Court · 1989

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