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Thomas Mlodzinski; Tina Mlodzinski, Individually and As Mother and v. Michael F. Lewis, In His Individual and Official Capacities As Bristol

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Before Lynch, Chief Judge, Selya and Howard, Circuit Judges.

LYNCH, Chief Judge. This § 1983 action alleges that on August 2, 2006, defendant law enforcement officers from the Bristol, New Hampshire police force and the Central New Hampshire Special Operations Unit (CNHSOU) used excessive force in executing search and arrest warrants. Plaintiffs, who are family members of the suspect arrested, allege that their Fourth Amendment rights were violated by the officers’ treatment of them while they were detained during the execution of the warrants. Plaintiffs also bring state law claims of assault and battery.

Seeking to avoid a trial, both sets of law enforcement officers moved for summary judgment, arguing that they did not violate plaintiffs’ rights, and that even if they had, they were entitled to qualified immunity on the grounds that their actions were not clearly unlawful. Plaintiffs opposed, citing a number of material issues of disputed fact. Indeed, on most of the key issues, the two sides offer vastly different versions of the facts. The district court denied the motions. Mlodzinski v. Lewis, 731 F. Supp. 2d 157, 184 (D.N.H. 2010). Defendants have appealed from the denial of qualified immunity. We affirm in part and reverse in part.

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