April 1, 1993 [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

No. 92-2270 RAYMOND R. GADREAULT, Plaintiff, Appellant, v. HOWARD CASE, CHIEF OF POLICE, PALMER POLICE DEPARTMENT, ET AL., Defendants, Appellees.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Frank H. Freedman, U.S. District Judge]

Before Breyer, Chief Judge, Torruella and Cyr, Circuit Judges.

Raymond R. Gadreault on brief pro se.

Kimberly M. Saillant and Morrison, Mahoney & Miller on Motion for Summary Affirmance for appellees.

Per Curiam. Plaintiff argues that Briscoe v.

LaHue, 460 U.S. 325 (1983), is an unconstitutional decision.

As a lower federal court, we are bound by Supreme Court decisions and cannot independently assess their constitutionality. The judgment for defendants is affirmed substantially for the reasons stated by the magistrate and district court.

Affirmed.