Legal Opinion

Kennedy Ex Rel. B.D.K. v. Town of Billerica

Court of Appeals for the First Circuit

Decided July 13, 2010No. 08-2221, 08-2222PublishedCited by 67 opinions

1Opinion of the Court

LYNCH, Chief Judge.

We affirm in part and reverse in part in this contentious civil rights case brought by a family of plaintiffs, the Kennedys, against the Town of Billerica, Massachusetts, and numerous individual police officers. Before us are cross-appeals from jury verdicts and court rulings in the two trials in this bifurcated case.

Specifically, we hold that error in instructing the jury in the first trial on the state law crime of assault and battery on a police officer requires that there be a new trial on the only successful federal civil rights claim against a police officer in that…

2Cases cited37 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. County of Sacramento v. LewisSupreme Court of the United States · 1998
  3. Rochin v. CaliforniaSupreme Court of the United States · 1952
  4. City of Los Angeles v. HellerSupreme Court of the United States · 1986
  5. Chavez v. MartinezSupreme Court of the United States · 2003

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3Cited by67 opinions

  1. Leavitt v. Correctional Medical Services, Inc.Court of Appeals for the First Circuit · 2011
  2. Sindi v. El-MoslimanyCourt of Appeals for the First Circuit · 2018
  3. Rinsky v. Cushman & Wakefield, Inc.Court of Appeals for the First Circuit · 2019
  4. Sony BMG Music Entertainment v. TenenbaumCourt of Appeals for the First Circuit · 2011
  5. LaChance v. Town of CharltonCourt of Appeals for the First Circuit · 2021

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

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