Moses v. Mele

711 F.3d 213, 2013 WL 1234073, 2013 U.S. App. LEXIS 6150
CourtCourt of Appeals for the First Circuit
DecidedMarch 27, 2013
Docket12-1729
StatusPublished
Cited by26 cases

This text of 711 F.3d 213 (Moses v. Mele) 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
Moses v. Mele, 711 F.3d 213, 2013 WL 1234073, 2013 U.S. App. LEXIS 6150 (1st Cir. 2013).

Opinion

SELYA, Circuit Judge.

Plaintiff-appellant Crystal Moses seeks damages for'what she alleges was false arrest and malicious prosecution attributable to defendant-appellee Mark Mele. In a thoughtful opinion, the court below concluded that the defendant was protected by qualified immunity under federal law and official immunity under New Hampshire law. Moses v. Mele, No. 10-CV-253, 2012 WL 1416002, at *4 (D.N.H. Apr. 24, 2012). Consequently, it granted the defendant’s motion for summary judgment. Id. at *8. After careful consideration, we affirm.

The anatomy of the case is easily delineated. At the times material hereto, the plaintiff, her son Kyle, and Kyle’s twenty-one year-old girlfriend, Catherine Sims, lived together. On July 12, 2008, Kyle was the operator of a motor vehicle that was involved in an accident in Lebanon, New Hampshire. The defendant was among the Lebanon police officers who responded to the scene. After investigating the matter, the police placed Kyle under arrest for reckless conduct, simple assault, and criminal threatening. Sims, a passenger in Kyle’s car, witnessed the accident and gave a written statement.

Three days later, the defendant contacted Sims, expressed doubts about the accuracy of her written statement, and requested that she meet with him at police headquarters. Sims agreed, on the condition that the plaintiff accompany her.

The plaintiff drove Sims to the police station in her Jeep. Upon their arrival, the two women sat together in the lobby. When the defendant appeared and asked Sims to follow him to an interview room, the plaintiff attempted to accompany her. *215 The defendant demurred, stating that he wanted to interview Sims alone.

With Sims in tow, the defendant stepped into a hallway. He told Sims that her statement about the accident contained inconsistencies and that he would not speak to her in the presence of the plaintiff (the driver’s mother). He suggested that the plaintiff had come to the station not to protect Sims but, rather, to safeguard Kyle’s interests. Sims replied that she would not speak to the officer alone and would have to call her mother. The defendant warned Sims against leaving the police department and threatened to obtain a warrant for her arrest if she left.

When Sims returned to the lobby, the plaintiff advised her that she did not have to speak with the defendant alone and that she should either call her mother or depart. According to the plaintiff, the defendant became strident and reiterated that he would arrest Sims if she tried to leave. Notwithstanding this admonition, the plaintiff put her arm around Sims and escorted her out of the police station. As the plaintiff ushered Sims toward her Jeep, the defendant repeatedly told Sims that she should not leave the premises. The plaintiff, however, continued to counsel Sims to leave because the defendant “was being a threatening bully.”

The defendant called for assistance and several officers responded. He then explained the situation to his supervisor, Corporal Gerald Brown, who instructed another officer to arrest the plaintiff.

On July 20, the defendant filed a criminal complaint charging the plaintiff with witness tampering. See N.H.Rev.Stat. Ann. § 641:5(I)(b). The Lebanon District Court held a hearing and found probable cause for the arrest. An indictment followed.

In due course, the plaintiff moved to dismiss the indictment, arguing that the witness tampering statute was unconstitutional. The motion was never heard because the prosecutor elected to dismiss the case. This action was never fully explained, but on the face of the indictment there is a notation dated June 15, 2009, stating “Nol prossed due to witness problems.”

The dismissal of the criminal charge did not end the matter. In June of 2010, the plaintiff sued the defendant in the United States District Court for the District of New Hampshire. Invoking 42 U.S.C. § 1983 and the district court’s supplemental jurisdiction, 28 U.S.C. § 1367, she asserted both constitutional claims and pendent state-law claims. After some preliminary skirmishing not relevant here, 1 the plaintiffs suit narrowed to two causes of action: that the defendant was liable for (i) false arrest under the Fourth Amendment, see U.S. Const. amend. IV, and (ii) malicious prosecution under state law, see State v. Rollins, 129 N.H. 684, 533 A.2d 331, 332 (1987). The defendant moved for summary judgment. See Fed. R.Civ.P. 56(a). The plaintiff opposed the motion, but the district court granted it. Moses, 2012 WL 1416002, at *8. The court did not reach the merits of the plaintiffs claims; instead it grounded its decision on a conclusion that, as a matter of law, the defendant was entitled to qualified immunity on the federal constitutional claim and official immunity on the state-law claim. Id. at *4. This timely appeal ensued.

In the adjudication of appeals, starting from scratch and building a rationale from *216 the ground up is sometimes an extravagant waste of judicial resources. To minimize such idle exercises, we have noted that when a trial court accurately takes the measure of a case, persuasively explains its reasoning, and reaches a correct result, it serves no useful purpose for a reviewing court to write at length in placing its seal of approval on the decision below. See, e.g., Marek v. Rhode Island, 702 F.3d 650, 653 (1st Cir.2012); Eaton v. Penn-Am. Ins. Co., 626 F.3d 113, 114 (1st Cir.2010); Seaco Ins. Co. v. Davis-Irish, 300 F.3d 84, 86 (1st Cir.2002); Ayala v. Union de Tronquistas de P.R., Local 901, 74 F.3d 344, 345 (1st Cir.1996); In re San Juan Dupont Plaza Hotel Fire Litig., 989 F.2d 36, 38 (1st Cir.1993). Because this is such an instance, we affirm the entry of summary judgment substantially on the basis of Judge Barbadoro’s thoughtful opinion. We add only three comments.

First. As said, the district court terminated the plaintiffs section 1983 claim on the basis of qualified immunity. The doctrine of qualified immunity protects a state actor from liability for damages under section 1983 as long as his conduct did not violate clearly established constitutional or federal statutory rights. See Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct.

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Bluebook (online)
711 F.3d 213, 2013 WL 1234073, 2013 U.S. App. LEXIS 6150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moses-v-mele-ca1-2013.