Paul J. Carey v. City of Fall River

First Circuit

Paul J. Carey v. City of Fall River

870 F.2d 40, 1989 U.S. App. LEXIS 3339, 1989 WL 23245

Court of Appeals for the First Circuit·Decided March 20, 1989·No. 88-1895·Published·Cited by 2 cases

Opinion

PER CURIAM.

After careful review of the record, briefs, and arguments, we affirm for substantially the reasons set forth in the district court’s opinion. Carey v. City of Fall River, 708 F.Supp. 431 (D.Mass.1988). We note in particular our agreement with the district court that “It cannot be said that when defendants in this case sought out the criminal complaint against Paul Carey they ‘clearly’ did not have probable cause.” 708 F.Supp. at 435 n. 1. Because there was no clear lack of probable cause, defendants cannot be held liable for violating plaintiff’s substantive due process rights on a malicious prosecution theory. Floyd v. Farrell, 765 F.2d 1, 5 (1st Cir.1985).

AFFIRMED.

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PER CURIAM.

After careful review of the record, briefs, and arguments, we affirm for substantially the reasons set forth in the district court’s opinion. Carey v. City of Fall River, 708 F.Supp. 431 (D.Mass.1988). We note in particular our agreement with the district court that “It cannot be said that when defendants in this case sought out the criminal complaint against Paul Carey they ‘clearly’ did not have probable cause.” 708 F.Supp. at 435 n. 1. Because there was no clear lack of probable cause, defendants cannot be held liable for violating plaintiff’s substantive due process rights on a malicious prosecution theory. Floyd v. Farrell, 765 F.2d 1, 5 (1st Cir.1985).

AFFIRMED.

Paul J. Carey v. City of Fall River, 870 F.2d 40, 1989 U.S. App. LEXIS 3339, 1989 WL 23245 (1st Cir. 1989).

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Opinion

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