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BRIGGS v. MALLEY

No. 84-1449.

748 F.2d 715 (1984)

James R. BRIGGS and Louisa Briggs, Plaintiffs, Appellants, v. Edward MALLEY, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 19, 1984.

Attorney(s) appearing for the Case

John S. Foley, Providence, R.I., with whom Decof & Grimm, Providence, R.I., was on brief for plaintiffs, appellants.

Faith A. LaSalle, Sp. Asst. Atty. Gen., Providence, R.I., with whom Dennis J. Roberts, II, Atty. Gen., Providence, R.I., was on brief for defendants, appellees.

Before BOWNES, Circuit Judge, ALDRICH and SKELTON, Senior Circuit Judges.

BOWNES, Circuit Judge.

Plaintiffs James and Louisa Briggs were arrested in March of 1981 under an arrest warrant which was obviously lacking in probable cause. The issue before us is whether the police officer who submitted the inadequate affidavit upon which the arrest warrant was based can be held liable for negligence under 42 U.S.C. § 1983 for damages resulting from the arrest. The district court directed a verdict...

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