Clarke v. Sullivan

This case is before us on the plaintiff’s exception to the decision of a justice of the superior court sustaining each defendant’s plea in abatement.

The plaintiff commenced the proceeding by a writ of summons issued from the superior court, the action being in “trespass for assault and battery, false arrest and imprisonment, and for violation of U. S. Rev. St. 1979, 42 U. S. Code, section 1983.” The declaration is in three counts and charges defendants, who were respectively a patrolman, a detective, and a deputy police surgeon, in the first count with having falsely arrested and imprisoned…