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)

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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. ) ) ) ) ) ) ) ) ) ) ) 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 2

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