Collins v. University of New Hampshire, 664 F.3d 8

Collins, a tenured UNH associate professor and former department chair, erupted in a profane tirade in Rudman Hall after a parking ticket; witnesses saw him kick a trash can.
UNH police arrested him on June 29, 2007 for disorderly conduct and stalking; a petition for a restraining order was denied, but a protective order issued.
UNH administrators and the police Chief discussed criminal charges and a campus press release; a ban from campus and a paid suspension followed that afternoon.
Collins was suspended with pay and removed as department chair; he remained banned and under suspension pending resolution of criminal and civil cases.
A district court granted judgment on the pleadings for false arrest counts and later granted summary judgment on due process and defamation; Collins appeals all four counts.
On appeal, the First Circuit affirms the district court’s rulings and holds there was probable cause for the arrests, proper due process under the Mathews framework, and protected privilege for the defamation claim.

Issue	Plaintiff's Argument	Defendant's Argument	Held
False arrest for disorderly conduct	Collins argues arrest invalid under NH law treating disorderly conduct as a civil offense	Defendants contend there was probable cause and arrest permissible under precedent	Probable cause supported; arrest lawful under NH statute and constitutional framework
False arrest for stalking	Warrant lacked probable cause because documents not before reviewing court	Warrant supported by Officer Whitten’s statements showing a course of conduct causing fear	Probable cause established; warrant valid
Due process – suspension with pay	Suspension without prior hearing violated due process	Torres-Rosado controls; paid suspension without protracted deprivation may proceed	No pre-suspension process required; suspension with pay caused only temporary deprivation and was properly managed under Torres-Rosado
Due process – campus ban	Ban implicated liberty interest; no adequate process before extended ban	Ban temporary, coupled with investigations and multiple opportunities to be heard; no pre-ban process required	Adequate process provided; no due process violation for the campus ban
Defamation	Email implying dangerousness defamatory	Privilege applies; publication on lawful occasion with good faith and reasonable belief in truth; no malice	Qualified privilege applies; no genuine triable issue; summary judgment proper

Torres-Rosado v. Rotger-Sabat, 335 F.3d 1 (1st Cir. 2003) (paid suspension without termination can be permissible under due process)
Gates v. Illinois, 462 U.S. 213 (1983) (probable cause review gives deference to issuing judge)
Loudermill v. Cleveland Bd. of Educ., 470 U.S. 532 (1985) (pre-suspension hearing required for significant property interests)
Gilbert v. Homar, 520 U.S. 924 (1997) (due process balance in immediate suspensions; government interests strong)
Atwater v. City of Lago Vista, 532 U.S. 318 (2001) (upholds arrest for misdemeanor with no jail time under certain circumstances)
Acosta v. Ames Dept. Stores, Inc., 386 F.3d 5 (1st Cir. 2004) (Fourth Amendment probable cause standard in false arrest)
Cotnoir v. Univ. of Maine Systems, 35 F.3d 6 (1st Cir. 1994) (notice requirements when loss of protected interest is possible)
Simpkins v. Snow, 139 N.H. 735, 661 A.2d 772 (1995) (qualified privilege for defamation; good faith and reasonable truth)
Pickering v. Frink, 123 N.H. 326, 461 A.2d 117 (1983) (defamation privilege assessment context in NH)