United States First Circuit

In plaintiff's 42 U.S.C section 1983 case against a city and a police officer claiming his Fourth and Fourteenth Amendment rights were violated when a police officer stopped him in front of a courthouse to investigate plaintiff's possession of a handgun, district court's judgment in favor of the defendants is affirmed where: 1) district court had ample reason to conclude that officer's investigatory stop was justified at its inception; 2) district court correctly concluded that officer acted within the permissible scope of his initial Terry stop of plaintiff; 3) plaintiff failed to properly raise a Second Amendment claim in court; 4) district court correctly dismissed plaintiff's claims against the city sua sponte.

Appellate Information

• Decided 12/23/2009
• Published 12/23/2009

Judges

• STAHL, Circuit Judge., Before LYNCH, Chief Judge, SELYA and STAHL, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Alan Jay Black for appellant.


• For Appellees:
  
• Kevin B. Coyle for appellee Stern., Edward M. Pikula, City Solicitor, with whom John T. Liebel, Chief of Litigation, was on brief for appellee City of Springfield.