United States First Circuit

Affirming the dismissal for failure to state a claim where the plaintiff filed a civil suit after he was acquitted of vehicular homicide at trial for fatally striking a bystander while backing up a truck. Plaintiff sought vindication in two subsequent lawsuits against the police chief and district attorney alleging violations of his constitutional rights, which were dismissed for failure to state a claim and prosecutorial immunity, respectively. The present action against the police chief of a different town alleged that there was no probable cause for the vehicular homicide charge, but the First Circuit found that an evidentiary hearing was conducted which determined that probable cause existed.

Appellate Information

• Published 2018/06/25

Judges

• Boudin

Court

• United States First Circuit

Counsel