Jordan v. Town of Waldoboro, No. 18-2062 (1st Cir. 2019)Annotate this Case
The First Circuit reversed in part the magistrate judge's grant of summary judgment for Defendants and dismissing Plaintiff's civil rights action, holding that the magistrate judge erred by granted summary judgment on the claims that police officers unlawfully searched Defendant's property and falsely arrested Defendant and that a jury could find that one police officer and the chief of police violated Defendant's Fourth Amendment rights.
Defendant was arrested for theft after police officers obtained a warrant to search Defendant's home for certain property. Defendant later brought this action alleging that there was no probable cause for his arrest. A magistrate judge dismissed all of Defendant's claims on summary judgment. The First Circuit reversed in part, holding (1) the magistrate judge erred by granting summary judgment on the claims under the federal and state civil rights acts that the officers unlawfully searched Defendant's property; (2) the magistrate judge erred in granting summary judgment on Defendant's federal and state civil rights claims for false arrest; and (3) Defendant alleged sufficient facts that a jury might reasonably find the chief of police and one police officer liable on the Fourth Amendment claims, and the Court declined to affirm the judgment on qualified immunity grounds.