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CA3: Daughter's complaint of sex abuse to police was PC for arrest foreclosing civil case, even if officers should have inquired further

By John Wesley Hall, Jr.

Daughter’s claim of sexual abuse was probable cause for charges to be filed against the plaintiff. He was acquitted at trial. His § 1983 claim that a further investigation was required did not satisfy the “shock the conscience” standard. Livingston v. Allegheny County, 2010 U.S. App. LEXIS 23339 (3d Cir. November 8, 2010) (unpublished): No genuine issue exists in this case as to whether Appellees’ actions “shocked the conscience.” Appellees’ investigation certainly may have benefitted from additional interviews and evidence collection. Dr. Nathan recommended a forensic interview of B.W. and none was conducted. Appellees did not collect N.W.’s or B.W.’s school and hospital records, or CYF files...continue to full post

Full post as published by Fourth Amendment on November 14, 2010 (boomark / email).