Opinion · Court of Appeals for the First Circuit

Paul J. Carey v. City of Fall River

870 F.2d 40

Type
Opinion
Court
Court of Appeals for the First Circuit
Jurisdiction
Federal
Date
1989-03-20
Topic
bankruptcy

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.

Citator

Cited by
1 opinion
CAREY v. CITY OF FALL RIVER,870 F.2d 40(1st Cir. 1989)
PAUL J. CAREY, ET AL., PLAINTIFFS, APPELLANTS, v. CITY OF FALL RIVER, ET
AL., DEFENDANTS, APPELLEES.
No. 88-1895.
United States Court of Appeals, First Circuit.
Heard January 9, 1989.
Decided March 20, 1989.
Max Volterra (argued), with whom Volterra, Goldberg Mangiaratti, Attleboro, Mass., was on brief, for plaintiffs, appellants.

Daniel J. O'Connell, III, Boston, Mass., for defendant, appellee Lionel J. Desrochers.

John J. Harrington, Fall River, Mass., for defendant, appellee Raymond E. Conroy.
Appeal from the United States District Court for the District of Massachusetts.
Before CAMPBELL, Chief Judge, and ALDRICH and COFFIN, Circuit Judges.
PER CURIAM.
[1] 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 435n. 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).

[2] AFFIRMED.Page 742