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Statchen v. Palmer

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Before Boudin, Gajarsa *fn1 and Thompson, Circuit Judges.

In June 2007, Carl Statchen struggled with two police officers over their attempt to take him into protective custody for public intoxication; he also fought the subsequent efforts of several officers to transport him from the station house to jail. Statchen later brought this civil rights action, 42 U.S.C. § 1983 (2006), alleging that the officers used excessive force in both episodes. The district court granted summary judgment against him, and he now appeals.

We recount the facts in the light most favorable to Statchen as the party opposing summary judgment. Dwan v. City of Boston, 329 F.3d 275, 277 (1st Cir. 2003). On June 21, 2007, Statchen drove from his home in Connecticut to Concord Hospital in New Hampshire, where his daughter was scheduled to have surgery the next morning. Statchen, a recovering alcoholic, was anxious about the surgery and bought a six-pack of beer to cope.

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