Legal Opinion

Crete v. City of Lowell

Court of Appeals for the First Circuit

Decided August 11, 2005No. 04-1891, 04-1899PublishedCited by 12 opinions

1Opinion of the Court

LYNCH, Circuit Judge.

Two issues are presented by this case, raising claims of negligent hiring by a city. The first is whether the district court was correct in entering summary judgment against plaintiff Eric Crete’s federal civil rights claim, under 42 U.S.C. § 1983, that the City of Lowell was deliberately indifferent to Crete’s rights when it hired Officer Steve Ciavola in the fall of 1995. Crete says Ciavola used excessive force when he arrested Crete in March of 1999.

The second question, under Massachusetts law, is whether the City’s hiring of Ciavola is within the discretionary…

2Cases cited33 opinions

  1. Board of the County Commissioners of Bryan County v. BrownSupreme Court of the United States · 1997
  2. United States v. GaubertSupreme Court of the United States · 1991
  3. Berkovitz v. United StatesSupreme Court of the United States · 1988
  4. United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
  5. Eduardo Burkhart v. Washington Metropolitan Area Transit AuthorityCourt of Appeals for the D.C. Circuit · 1997

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3Cited by12 opinions

  1. Colburn v. Parker Hannifin/Nichols Portland DivisionCourt of Appeals for the First Circuit · 2005
  2. Porto v. Town of TewksburyCourt of Appeals for the First Circuit · 2007
  3. Lopez v. MassachusettsCourt of Appeals for the First Circuit · 2009
  4. Brodeur v. Claremont School DistrictDistrict Court, D. New Hampshire · 2009
  5. Teasley v. ForlerDistrict Court, E.D. Missouri · 2008

7 more not listed; retrieve them via the Exa API.

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