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State and Federal False Arrest Claims Dismissed Against Officer

LCCP was successful in getting a claim dismissed against an Officer who had been accused of falsifying a search warrant and making a false arrest. The case involved a claim made by three family members that an Officer had wrongfully procured a search warrant from the District Court Clerk for a search of the family's home. One of the family members was suspected of selling illegal narcotics from the home. When the Officer and five other Officers entered the family's home, they arrested another family member when they found a cache of drugs in her bedroom.

The plaintiffs asserted that the Officer had provided false information in his affidavit in support of the issuance of the search warrant. Originally, plaintiffs sought to file a criminal complaint against the Officer but that was dismissed after a four hour hearing at the District Court. The plaintiffs then filed a civil action to State Court, which the LCCP lawyer removed to the Federal Court. The case was dismissed in favor of the defendant Officer at the federal proceedings and then remanded to State Court for civil rights violations based upon false arrest. In addition to the false arrest claim, the plaintiffs had claims for defamation for statements made by the Officer while testifying in the District Court, invasion of privacy and emotional distress, as well as state civil rights claims.

After the BLDS attorney filed motions to dismiss the claims on behalf of the Officer, the Court determined that the Officer had indeed procured a valid search warrant, that he and the other officers had properly entered the family home, and none of the actions of the Officer amounted to an actionable tort. Accordingly, the entire matter was dismissed and this lengthy civil proceeding- which originated in 1996- finally met its end in 2008. (BayState Legal Defense Service Newsletter, Volume I-2)

BLDS | Baystate Legal Defense Service
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