Police, The Fourth Amendment, Qualified Immunity

RIVERA v. CITY OF WORCESTER, Civil Action No. 4:12-cv-40066-TSH (D. Massachusetts, October 26, 2012)

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What happened:

[Worcester, MA] Detectives Richard Burgos and James O’Rourke, and Officer Francis Bartley (“Officers”) each viewed the photograph displayed in the police station. Detective Burgos identified the suspect in the photograph as the Plaintiff. Detective O’Rourke and Officer Bartley also confirmed that the suspect was the Plaintiff but only after a side-by-side comparison with a photograph of the Plaintiff already on file. The department conducted neither a lineup nor a photo array. As a result of the Officers’ positive identifications, Detective O’Rourke executed an affidavit in support of an arrest warrant for the Plaintiff. Plaintiff was arrested and incarcerated from June 7, 2010 until March 11, 2011 when prosecutors determined that he had been misidentified as the suspect of the May 8th robbery.

Decision: No qi for the police. More interestingly, no immunity from Massachucetts state law based negligence claim.

Written by Burgers Allday

October 31, 2012 at 3:10 am

Posted in Uncategorized

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