Cardoso v. City of Brockton et al

Filing 142

Judge Douglas P. Woodlock: MEMORANDUM AND ORDER entered directing the Clerk to stay this matter pending resolution of Reichle v. Howards, now pending in the Supreme Court of the United States (Supreme Court No. 11-262). (Woodlock, Douglas)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

ARISTIDES CARDOSO,
Plaintiff,
v.
CITY OF BROCKTON, BPD CHIEF
OF POLICE WILLIAM K. CONLON,
BROCKTON POLICE OFFICER
STANLEY DAVID
Defendants.

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CIVIL ACTION NO.
09-10701-DPW

MEMORANDUM AND ORDER
March 23, 2012
On the core issue in this case, the jury returned a
defendants’ verdict finding there was probable cause to file an
application for a criminal complaint against the plaintiff for
assault and battery with a dangerous weapon and disorderly
conduct.

I thereafter invited the parties to brief what appears

to be the only question that it might be argued was not
effectively resolved by the jury’s fact-finding: whether as a
matter of law or fact the plaintiff’s retaliatory arrest claim
survives a finding of probable cause for the arrest.

The parties

responded, at my invitation, by means of cross motions for
summary judgment.
In my procedural order inviting summary judgment briefing, I
drew the parties’ attention to the split in the Circuits over the

issue whether a retaliatory arrest claim survives a probable
cause determination, reflected in the Tenth Circuit’s decision in
Howards v. McLaughlin, 634 F.3d 1131, 1147-48 (10th Cir. 2011).
The Supreme Court thereafter granted certioari in Howards under
the name Reichle v. Howards, 132 S.Ct. 815 (2011) (Supreme Court
No. 11-262).

The Supreme Court heard oral argument on Wednesday

in the case.

Having reviewed the transcript of the oral

argument, I believe it is prudent to await the Supreme Court’s
ruling.

Consequently, I decline to rule at this time on the

pending cross motions for summary judgment.

I direct the clerk

to stay this matter pending the decision of the Supreme Court in
Howards.

/s/ Douglas P. Woodlock
DOUGLAS P. WOODLOCK
UNITED STATES DISTRICT JUDGE

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