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

Hillsborough Superior (NH): No State Prison

Hillsborough Superior Court - North, Nashua, NH: Our client was facing a possible sentence of 7 1/2 - 15 years in Concord (NH) state prison for a probation violation.  He had already plead guilty to a new offense (which was also the basis for the violation) so there was no defense.  Despite having a lengthy record and receiving a sentence after his recent plea, Attorney Coughlin successfully negotiated a sentence that will allow him to be released after serving less than one year in the county house of correction.  His probation, which could have continued well after he…Read more