McCarthy v. Town of Milford

109 F. App'x 439
CourtCourt of Appeals for the First Circuit
DecidedSeptember 29, 2004
Docket04-1420
StatusPublished

This text of 109 F. App'x 439 (McCarthy v. Town of Milford) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCarthy v. Town of Milford, 109 F. App'x 439 (1st Cir. 2004).

Opinion

PER CURIAM.

John C. McCarthy appeals from summary judgment against him on his 42 U.S.C. § 1983 (2000) claims against the town of Milford, N.H., and various members of its police force. After careful review of the record and the parties’ briefs, we affirm.

Substantially for the reasons given by the district court, we conclude that there was probable cause to arrest McCarthy for making false statements to law enforcement officers; given the state of police knowledge, the officers involved were under no obligation to conduct further investigation, see Forest v. Pawtucket Police Dep’t, 377 F.3d 52, 57 (1st Cir.2004). The arrest being supported by probable cause, we need not consider whether there was probable cause to arrest McCarthy for the alleged disorderly conduct violation on which the statute of limitations had already run.

As McCarthy’s federal claims depend upon his assertion that he was arrested without probable cause, we affirm the district court’s grant of summary judgment against him on those claims and its dismissal of his supplemental state-law claims.

Affirmed.

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Related

Forest v. Pawtucket Police Department
377 F.3d 52 (First Circuit, 2004)

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Bluebook (online)
109 F. App'x 439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccarthy-v-town-of-milford-ca1-2004.