United States First Circuit

Summary judgment against plaintiff's section 1983 claim, alleging a Fourth Amendment violation, is vacated where the record contains evidence that defendant-police officer intentionally or recklessly withheld exculpatory DNA evidence from the judge who issued the arresting warrant.

Appellate Information

• Decided 04/26/2005
• Published 04/26/2005

Judges

• LIPEZ, Circuit Judge., Before SELYA, LIPEZ, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert S. Sinsheimer, with whom Susan Sivacek and Sinsheimer & Associates were on brief, for Appellant.


• For Appellees:
  
• James W. Simpson, Jr., with whom Douglas I. Louison and Merrick, Louison & Costello, LLP, were on brief, for Appellees Town of Walpole, Joseph Betro, Richard Stillman, James J. Dolan, and William F. Bausch., Erin George, with whom Matthew H. McNamara and Thorn Gershon Tymann and Bonanni, LLP, were on brief, for Appellee Lowell Levine., Suzanne T. Caravaggio, with whom Joseph P. Kittredge and Law Offices of Timothy M. Burke were on brief, for Appellees Stephen McDonald and Kevin Shea., Robert M. Mendillo, with whom Mendillo & Ross, LLP, was on brief, for Appellee Kathleen Crowley., Thomas F. Reilly, Attorney General, and Natalie S. Monroe, Assistant Attorney General, on brief for Appellee Robert Martin.