90 A.3d 620
N.H.2014Background
- Farrington interviewed the alleged victim Feb. 28–29, 2008; she claimed Lahm had sexually assaulted her after she drank at a bar.
- She reported Lahm gave her two drinks with Red Bull, she passed out, and woke three days later injured in Lahm's bed; drugs were found in urinalysis.
- Probable-cause warrants were issued March 1, 2008 for Lahm’s arrest and for a search of his property; warrants were executed the same day.
- An evidentiary hearing in April 2008 found probable cause Lahm committed second-degree assault.
- Lahm’s private investigators gathered exculpatory information suggesting alternate explanations for injuries; Lahm claims prosecution later dropped the charges.
- Lahm sued Farrington and the Town for negligent investigation; the trial court granted summary judgment, later reconsidered, but again held no duty to investigate beyond probable cause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty to investigate beyond probable cause | Lahm argues Farrington owed a duty to investigate beyond probable cause. | Farrington contends no such duty exists; probable cause suffices for arrest. | No duty recognized; immunity maintained. |
| Authority supporting negligent-investigation duty | Cites authorities suggesting duty to inquire in certain circumstances. | Authorities cited do not establish a general duty to investigate before arrest. | Authorities do not create a duty to investigate beyond probable cause. |
| Policy balancing in recognizing a duty | A reasonable-investigation duty better protects suspects’ interests. | Public interest in immunizing officers from extended liability weighs against the duty. | Immun immunity outweighs sought duty; no duty imposed. |
| Preservation of probable-cause argument | Argues probable cause issue should be reviewable. | Argument not preserved below and is waived on appeal. | Not preserved/waived; not reviewable. |
Key Cases Cited
- Gerstein v. Pugh, 420 U.S. 103 (U.S. 1975) (arrest standard is probable cause; Fourth Amendment balance)
- State v. Lantagne, 165 N.H. _, 83 A.3d 397 (N.H. 2013) (probable cause required for arrest; arrest validity)
- Pesaturo v. Kinne, 161 N.H. 550 (N.H. 2011) (duty element balancing interests in negligence)
- Carignan v. N.H. Int'l Speedway, 151 N.H. 409 (N.H. 2004) (duty analysis in negligence claims against police)
- Everitt v. Gen. Elec. Co., 156 N.H. 202 (N.H. 2007) (official immunity for municipal police officers; policy balance)
- Ojo v. Lorenzo, 164 N.H. 717 (N.H. 2013) (malicious-prosecution context; probable cause relevance)
- Williams v. City of Buffalo, 422 N.Y.S.2d 241 (N.Y. App. Div. 1979) (claims negligence in investigation before warrant; limited scope)
- Johnson v. Kings Cnty. Dist. Atty., 763 N.Y.S.2d 635 (N.Y. App. Div. 2003) (misnomer context; duty to investigate further cited)