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162
Case 1:05-cv-00259-SM Document 162 Filed 06/25/2007 Page 1 of 17
Josephine Amatucci,
Plaintiff
O R D E R
Dockets.Justia.com
Case 1:05-cv-00259-SM Document 162 Filed 06/25/2007 Page 2 of 17
Standard of Review
court must “view the entire record in the light most hospitable
when the record reveals “no genuine issue as to any material fact
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Background
Amatucci, the neighbor’s young son (a boy who appeared too young
on the ground. Pieces of the broken block then wedged into the
owner discovered the problem, she and her friends and/or family
police.
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property. Hamilton informed her that the car was actually on the
to confirm his belief that the car was legally parked. While
lodged on top of the car’s wheel and/or wedged into the wheel
minor son, attempted to move the car and, when she did, it was
the car, she saw Mrs. Amatucci at the front of the car, “fiddling
seen Amatucci carrying a cement block near the car shortly before
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the car’s path shortly before asking the owner to move it. See
53-4 at 3 (reporting that Mrs. Fitzgerald told him that when she
parked the car, there was not a cement block on the ground near
than any of the other people present, had been the aggressor and
obtained.
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over the concrete block that she (Amatucci) had placed over a
tire.” Id.
she could drive herself home after the booking process. Amatucci
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Recommendation:
The judge granted both requests and, from the bench, told both
parties that they could have no contact with each other or any
(document no. 1-2), Exhibit 14 at 8-9. The next day, the court
issued its written order, which provided that “the parties are
(emphasis in original).
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that he pay her $1,000 or she would bring suit against him.
Bolduc and his sister, Mrs. Maloney, went to the police station
the officers to take her into custody, which they did. See
generally N.H. Rev. Stat. Ann. 173-B:9 I(a). She asked the
officers to unlock the door to her house so the guests she was
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Discussion
the protective order): (1) she had not yet received a copy of the
court’s detailed written order; and (2) at the hearing, the court
told her only that she could have no contact with any of the
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The Court of Appeals for the First Circuit has discussed the
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at the scene and the conclusions he drew from the evidence, but
is, her brother, Mr. Bolduc. Even if Amatucci had not yet
sent the letter to Bolduc, the court orally informed her at the
hearing that she was enjoined from contacting Mrs. Maloney and
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law claims. Given that discovery has closed, the parties have
1367(c). See also Camelio v. American Fed’n, 137 F.3d 666, 672
believe that she had engaged in the criminal conduct with which
she was charged in 2002 and again in 2003. See generally Stock
v. Byers, 120 N.H. 844, 846 (1980) (“To succeed in an action for
without probable cause and with malice, and that the criminal
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against her.
this circuit has observed, the common law tort of battery “did
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Amatucci does not claim that the officers used excessive force in
lawful arrest does not give rise to a viable claim for battery.
for the alleged battery upon her at the house of correction. See
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had engaged in the criminal conduct with which she was charged,
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they properly sought and obtained warrants for her arrest, and
(citing Thorpe v. State, 133 N.H. 299, 305 (1990)). See also
Palmer v. Nan King Rest., Inc., 147 N.H. 681 (2002). Amatucci
Conclusion
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SO ORDERED.
____________________________
Steven J. McAuliffe
Chief Judge
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