Attorneys Gerard Donnelly and Courtney Mayo successfully obtained the dismissal of the Plaintiff’s Complaint in a federal case arising from the investigation into allegations of child abuse made against the plaintiff by his two adopted children. The plaintiff filed a Complaint against the Town, the Chief of Police, individual police officers, the Department of Children and Families and several additional municipal defendants alleging numerous civil rights violations including false arrest, malicious prosecution, Fourth Amendment violations, and intentional and negligent infliction of emotional distress. The plaintiff further maintained that the investigations conducted by both the Department of Children and Families and the local police department as a result of the allegations of abuse were “wrongful” and violated his civil rights.
Attorneys Donnelly and Mayo filed a Motion to Dismiss on behalf of the Town, its police department and officers, arguing, in part, that the plaintiff’s allegations were barred by the doctrine of qualified immunity, that no violation of the Fourth Amendment existed and that the issuance of a warrant for the arrest of the plaintiff was not without probable cause. Moreover, they argued that the actions by the officers in investigating the allegations of child abuse, by themselves, did not support the plaintiff’s Complaint against the Town and its police department. Lastly, defense counsel argued that the plaintiff failed to make proper presentment against the defendants in this action.
United States District Court Judgment Timonthy S. Hillman agreed and dismissed the Plaintiff’s Complaint against the municipal defendants.