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7.01.2011

Howd & Ludorf, LLC Wins Summary Judgment in Federal Civil Rights Case Against Norwich Police Officer

Howd & Ludorf LLC Partner Kristan M. Maccini successfully defended Norwich police officer Joseph Dolan from federal civil rights claims brought against him by Plaintiff Rachel Hary.  In her suit, Hary brought claims of false arrest and malicious prosecution under 42 U.S.C. § 1983, 2010 WL 419404 (D.Conn), and a state law claim for intentional infliction of emotional distress.  Her action stemmed from a two-car motor vehicle accident in which she was the driver of one of the involved vehicles.  Both Hary and the other involved driver denied fault for the accident. 

Defendant Dolan responded to and investigated the accident.  He concluded that the plaintiff was at fault and issued her a summons for violation of Connecticut General Statutes, § 14-242(e), Failure to Yield the Right of Way. 

Plaintiff Hary claimed Officer Dolan arrested her without probable cause, subjected her to “vile profanities and verbal abuse,” and “maliciously wrote a false police report.”   United States District Court Judge Janet Hall granted the defendant’s motion for summary judgment as to all claims based on a finding that there was probable cause for Hary’s arrest and, hence, no Fourth Amendment violation.


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