First Circuit Court Of Appeals Affirms Judgment In Favor Of Fall River Chiefs Of Police And Police Officer

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The First Circuit Court of Appeals recently affirmed a judgment entered in favor of three members of the Fall River Police Department represented by RJA. The plaintiff in the civil rights case alleged that he had been assaulted by the police, that the police had committed fraud and engaged in a conspiracy to frame the plaintiff and that the police improperly caused the destruction of the plaintiff’s personal property.

RJA Attorney Andy Gambaccini defended the two Fall River Chiefs of Police and a Fall River police officer named in the lawsuit. After removing the case from state court to federal court, a motion to dismiss the action was allowed by the federal court, which concluded that several of the plaintiff’s claims were untimely and, as to the remainder, the plaintiff had failed to state a plausible claim.

The plaintiff appealed to the First Circuit. After the parties briefed the issues, the First Circuit issued a decision affirming the District Court’s judgment dismissing the action. The First Circuit concluded that the plaintiff had failed to state a plausible claim against the various defendants and the action properly was dismissed.

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