The U.S. Court of Appeals for the First Circuit affirmed summary judgment for police officers and town officials in a case arising out of the arrest of a town resident who blocked a public way bisecting his property. The plaintiff brought a nine-count complaint against five members of the police force and town government, alleging, among other things, violations of 42 U.S.C. § 1983 and the Massachusetts Civil Rights Act, as well as false arrest, malicious prosecution, and abuse of process.
Attorney Matthew Lindberg successfully argued that officers had probable cause to arrest the plaintiff and that the summary judgment record did not support claims of mistreatment. In a 14 page decision, Magistrate Judge David Hennessey held that there existed probable cause to arrest the plaintiff for disturbing the peace and disorderly conduct, where local residents started to gather at the area of the illegal barricade and were yelling at the plaintiff. The First Circuit agreed that probable cause existed to effect the arrest. The Court of Appeals rejected the plaintiff’s argument that the arresting officers could have removed the barricade, thereby obviating the need to arrest the plaintiff. The Court held that arresting officers were not required to balance the costs and benefits of the arrest to determine whether it was necessary.
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