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FLOYD v. FARRELL

No. 84-2031.

765 F.2d 1 (1985)

Barry Eric FLOYD, Plaintiff, Appellee, v. Richard J. FARRELL, Jr., Individually and in his Capacity as a Trooper for the New Hampshire State Police, Defendant, Appellant.

United States Court of Appeals, First Circuit.

June 19, 1985.

Attorney(s) appearing for the Case

Douglas L. Patch, Asst. Atty. Gen., Div. of Legal Counsel, Concord, N.H., with whom Stephen E. Merrill, Atty. Gen., Concord, N.H., was on brief for defendant, appellant.

Edward B. Mulligan, IV, Laconia, N.H., with whom Snierson, McKean & Mattson, P.A., Laconia, N.H., was on brief for plaintiff, appellee.

Before LEVIN H. CAMPBELL, Chief Judge, and BOWNES and BREYER, Circuit Judges.

BOWNES, Circuit Judge.

This appeal arises out of a 42 U.S.C. § 1983 action brought by Barry Floyd against Richard Farrell, a trooper for the New Hampshire State Police. Floyd alleged that Farrell had intentionally and maliciously arrested him on the felony charge of receiving stolen property in the absence of any probable cause to believe such a felony had been committed and had then caused bail to be set at the sum of $5,000, which resulted in Floyd's incarceration...

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