Federal Judge Upends §1983 Civil Rights Jury Verdict Because of Pretrial Probation

PRETRIAL PROBATION AND §1983 CIVIL RIGHTS CLAIMS In a decision published September 30, 2014, United States District Court Judge O’Toole reversed a jury’s determination that the plaintiff was wrongfully arrested because the defendant participated in Pretrial Probation in Massachusetts State Courts. Kennedy v. Town of Billerica (Civil Action No. 10-11457-GAO).  The decision notes the lack of First Circuit law on this issue, and cites a circuit split regarding whether pretrial probation is the type of “successful termination” that can permit bringing an action for wrongful arrest under.  42 U.S.C. § 1983. Pretrial Probation…Read more