Massachusetts Superior Court August 29, 2011, No. BACV201100147 (Hogan v. Byrne)

Quinlan, Regina L., J.

In this action, the plaintiff Thomas R. Hogan has asserted six counts against the defendant Dennis Byrne alleging assault and battery in Count I, intentional infliction of emotional distress in Count II, the use of excessive force in Count III, negligent infliction of emotional distress in Count IV, violation of the Massachusetts Civil Rights Act in Count V and violation of