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Obtained Summary Judgment on Behalf of a Police Officer in a Civil Rights Action

The plaintiff had complained to the police about her ex-husband violating a protection from abuse order. After investigating, the police determined that no PFA was in effect, and they arrested the plaintiff instead of her former husband and charged her with: (1) tampering with public records or information; (2) false reports to law enforcement authorities; and (3) unsworn falsification to authorities. Following a preliminary hearing, the court dismissed the charges against the plaintiff. She then sued the police department and several individual officers, including our client, seeking damages for First Amendment retaliation, malicious prosecution and abuse of power. Following the close of discovery, the parties each filed a motion for summary judgment. The court granted the defense motion filed on behalf of our client, finding that probable cause existed for the plaintiff’s arrest and that the plaintiff could not establish the elements necessary to support her claims. 

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