TIERNEY v. DAVIDSON

No. 324, Docket 97-7172.

133 F.3d 189 (1998)

Maureen TIERNEY, for herself and as mother of Philip T. Newton, Plaintiffs-Appellees, Patrick J. Newton, Plaintiff, v. Joel R. DAVIDSON; Thomas E. Williams, Defendants-Appellants, State of Vermont, Defendant.

United States Court of Appeals, Second Circuit.

Decided January 7, 1998.


Attorney(s) appearing for the Case

Timothy B. Tomasi, Assistant Attorney General, Montpelier, VT (William E. Griffin, Chief Assistant Attorney General, Office of the Attorney General, on the brief), for Defendants-Appellants.

Alicia Aiken, Rutland, VT (Herbert G. Ogden, Jr., Liccardi Crawford & Ogden, P.C., on the brief), for Plaintiffs-Appellees.

Before: JACOBS and LEVAL, Circuit Judges, and RESTANI, Judge.


JACOBS, Circuit Judge:

Officers Joel Davidson and Thomas Williams of the Vermont State Police (the "Officers") responded separately to a report of a raucous domestic dispute at Maureen Tierney's home. Tierney, suing on behalf of herself and her son, Philip Newton, claims that the Officers conducted an unlawful search of her premises and used excessive force against her and her son on that occasion. The Officers now appeal the decision of the United States District...

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