SHEEHY v. TOWN OF PLYMOUTH

No. 98-2080.

191 F.3d 15 (1999)

Richard N. SHEEHY, Shirley Sheehy, and Leah Sheehy, Plaintiffs, Appellants, v. TOWN OF PLYMOUTH and Rita Quinn, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 8, 1999.


Attorney(s) appearing for the Case

Robert S. Wolfe for appellants.

Robert L. Kirby, Jr., with whom Robert P. Sherman and David B. Mack were on brief for appellees.

Before STAHL, Circuit Judge, MAGILL, Senior Circuit Judge, and LIPEZ, Circuit Judge.


LIPEZ, Circuit Judge.

This case requires us to decide whether a police officer sued for making an allegedly illegal arrest can invoke the "related crimes" defense in asserting qualified immunity. The defense, adopted by a number of other circuits, provides "that even where there is no probable cause to arrest the plaintiff for the crime charged, proof of probable cause to arrest the plaintiff for a related offense is also a defense which may entitle the arresting...

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