McCarthy v. Town of Milford ( 2004 )


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  •                  Not for Publication in West's Federal Reporter
    Citation Limited Pursuant to 1st Cir. Loc. R. 32.3
    United States Court of Appeals
    For the First Circuit
    No. 04-1420
    JOHN C. McCARTHY,
    Plaintiff, Appellant,
    v.
    TOWN OF MILFORD, FREDERICK G. DOUGLAS,
    and JAMES F. MULLA,
    Defendants, Appellees.
    APPEAL FROM THE UNITED STATES DISTRICT COURT
    FOR THE DISTRICT OF NEW HAMPSHIRE
    [Hon. Steven J. McAuliffe, U.S. District Judge]
    Before
    Boudin, Chief Judge,
    Lynch, Circuit Judge,
    and Schwarzer,* Senior District Judge.
    Thomas B. Merritt on brief for appellant.
    Donald E. Gardner, Pamela N. Morales and Devine, Millimet &
    Branch, P.A. on brief for appellees.
    September 29, 2004
    *
    Of the    Northern       District      of    California,       sitting   by
    designation.
    Per Curiam.        John C. McCarthy appeals from summary
    judgment against him on his 
    42 U.S.C. § 1983
     (2000) claims       against
    the town of Milford, N.H., and various members of its police force.
    After careful review of the record and the parties' briefs, we
    affirm.
    Substantially for the reasons given by the district
    court, we conclude that there was probable cause to arrest McCarthy
    for making false statements to law enforcement officers; given the
    state of police knowledge, the officers involved were under no
    obligation   to    conduct   further    investigation,   see   Forest    v.
    Pawtucket Police Dep't, 
    377 F.3d 52
    , 57 (1st Cir. 2004).                The
    arrest being supported by probable cause, we need not consider
    whether there was probable cause to arrest McCarthy for the alleged
    disorderly conduct violation on which the statute of limitations
    had already run.
    As McCarthy's federal claims depend upon his assertion
    that he was arrested without probable cause, we affirm the district
    court's grant of summary judgment against him on those claims and
    its dismissal of his supplemental state-law claims.
    Affirmed.
    -2-
    

Document Info

Docket Number: 04-1420

Judges: Boudin, Lynch, Per Curiam, Schwarzer

Filed Date: 9/29/2004

Precedential Status: Precedential

Modified Date: 11/5/2024