49 F.4th 608
1st Cir.2022Background
- On March 8–9, 2016 a Pontiac Sunfire was found stuck in a snowbank after a neighborhood altercation; Christopher Moss alleged John Charron had struck and pushed the Sunfire with his plow truck, causing airbags to deploy.
- Deputies (including Horning and Cyr) investigated, observed damage to the Sunfire and car parts in the road, found Charron and his plow truck, and arrested Charron for aggravated reckless conduct and related offenses; a sheriff’s office press release described the allegations.
- Charron denied the accusations, later procured an accident-reconstruction report and other evidence suggesting the Sunfire rear‑ended his truck; the prosecutor dismissed charges in July 2016 and Charron sued the County, sheriff, deputies, and a court officer under federal and Maine law.
- Claims included false arrest/illegal arrest, false imprisonment, malicious prosecution, due‑process claim for failure to preserve/exculpatory-evidence concealment, and defamation per se based on the press release.
- The district court granted summary judgment for the County defendants; the First Circuit affirmed, concluding officers had probable cause at arrest and plaintiff failed to show defendants caused continuation of prosecution or concealed exculpatory evidence, and rejecting the defamation claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| False arrest / illegal arrest / false imprisonment | Charron: officers lacked probable cause; Moss’s account was implausible and officers should have investigated (measured plow, inspected marks). | Officers: had fair-probability probable cause based on witness reports of threats, physical evidence (deployed airbags, damage, car parts) and a plow truck at Charron’s home. | Probable cause existed at time of arrest; summary judgment for defendants affirmed. |
| Malicious prosecution (federal & state) | Charron: defendants initiated/continued prosecution and withheld exculpatory info that would have defeated probable cause. | Defendants: probable cause supported arrest; the ADA (not a defendant) prosecuted and continued case; key exculpatory reconstruction came from defense counsel, not withheld by officers. | No triable issue that defendants caused initiation/continuation without probable cause; claim fails. |
| Due process — failure to preserve / concealment of exculpatory evidence | Charron: defendants destroyed/hidden evidence in bad faith, causing continued pretrial liberty deprivation. | Defendants: prosecutor had the material information officers had; exculpatory reconstruction and some photos were provided by defense counsel, not withheld by officers. | Claim fails for same causation/evidence reasons as malicious prosecution; no constitutional violation. |
| Defamation per se (Sheriff’s press release) | Charron: press release omitted exculpatory facts / published a partial truth that imputed criminal conduct. | Defendants: Sheriff relied on officer report and did not know the full story; Horning did not publish; no showing of negligence or actionable falsity. | District court’s rejection of defamation claim affirmed; plaintiff did not meaningfully contest that ruling. |
Key Cases Cited
- Karamanoglu v. Town of Yarmouth, 15 F.4th 82 (1st Cir.) (uncorroborated witness testimony can support probable cause)
- Acosta v. Ames Dep’t Stores, Inc., 386 F.3d 5 (1st Cir. 2004) (officer may stop investigation once facts demonstrate probable cause)
- District of Columbia v. Wesby, 138 S. Ct. 577 (2018) (probable cause requires a fair probability, not certainty)
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause is a practical, commonsense totality-of-the-circumstances inquiry)
- Gerstein v. Pugh, 420 U.S. 103 (1975) (probable-cause standard distinct from guilt beyond a reasonable doubt)
- Holder v. Town of Sandown, 585 F.3d 500 (1st Cir. 2009) (no duty to resolve all conflicting accounts before arrest)
- Hill v. California, 401 U.S. 797 (1971) (reasonable mistakes by officers do not necessarily negate probable cause)
- Trask v. Devlin, 788 A.2d 179 (Me. 2002) (elements of malicious prosecution under Maine law)
- Schoff v. York Cnty., 761 A.2d 869 (Me. 2000) (true-but-incomplete statements can be defamatory by implying criminal conduct)
- Rice v. Alley, 791 A.2d 932 (Me. 2002) (elements of defamation under Maine law)