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Hayes v. McGee et al

Doc. 10

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

) ) ) Plaintiff, ) ) v. ) ) OFFICER DARNELL MCGEE, ) OFFICER JAMES O'ROURKE, ) SERGEANT KENNETH ) DAVENPORT, LIEUTENANT ) TIMOTHY O'CONNOR, and ) GARY GEMME, Chief of Police, ) in their individual capacities, ) MICHAEL V. O'BRIEN, City Manager, ) and CITY OF WORCESTER ) ) Defendants. ) ANTHONY HAYES, )

Civil Action No. 10-40095-FDS

MEMORANDUM AND ORDER ON DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S COMPLAINT This civil rights action arises out of an alleged encounter between plaintiff Anthony Hayes and defendant Darnell McGee. On March 1, 2007, McGee, an officer in the Worcester Police Department, allegedly struck Hayes in the head with a flashlight in the course of executing a search warrant. Hayes contends that the injury he suffered resulted from a policy and custom of the Worcester Police Department that condoned the use of excessive force. His complaint asserts claims under 42 U.S.C.

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Massachusetts Law