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FITZGERALD v. TOWN OF KINGSTON

No. Civ.A. 96-10666-MEL.

13 F.Supp.2d 119 (1998)

David D. FITZGERALD and Cynthia A. Fitzgerald, d/b/a Kingston Coach, Plaintiffs, v. TOWN OF KINGSTON and Michael Decapua, Defendants.

United States District Court, D. Massachusetts.

June 25, 1998.

Attorney(s) appearing for the Case

John T. Landry, Glynn & Landry, Braintree, MA, for plaintiffs.

Joseph L. Bierwirth, Hemenway & Barnes, Boston, MA, Robert P. Sherman, Joseph C. Marrow, Hutchins, Wheeler & Dittmar, Boston, MA, John J. Davis, Elizabeth M. Fahey, Morrison, Mahoney & Miller, for defendants.

MEMORANDUM AND ORDER

LASKER, District Judge.

This case arises from former Town of Kingston Police Chief Michael DeCapua's temporary suspension of plaintiff David Fitzgerald's license to operate a taxi cab. Fitzgerald presses two claims under 42 U.S.C. § 1983: first, that DeCapua failed to provide him with notice and a hearing prior to the suspension (Count I), and second, that the process afforded him was constitutionally flawed because it involved...

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