Gallant v. Gallant et al

Filing 44

DUPLICATE. FILED IN ERROR. ///ORDER granting 30 Motion for Summary Judgment as to Richard Chambers, Town of Hampstead, Daniel Jackman. So Ordered by Judge Steven J. McAuliffe.(vln) Modified on 4/22/2013 to add: DUPLICATE. FILED IN ERROR. (vln).

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Darren Gallant
v.

Civil No. 11-cv-600-SM

Jessica Gallant, et al

ORDER
Re: Document No. 30, Motion for Summary Judgment
Ruling: Granted, for the reasons given in the defendants'
memoranda in support of their motion for summary judgment and in their
reply memorandum.

There appears to be no genuine dispute that the

Hampstead defendant police officers effected a valid arrest of
plaintiff pursuant to an outstanding arrest warrant, and, although
handcuffs may have been incorrectly applied in some manner that
caused plaintiff some transitory discomfort for some ten minutes or
so - discomfort
officers

that was completely relieved when Sandown police

removed

and

reapplied

plaintiff's deposition testimony) -

the

handcuffs

(according

to

no medical treatment was sought

or required, no permanent injury of any kind is claimed, and no
evidence suggesting intentional infliction has been produced or
referenced.

Plaintiff has not produced or pointed to any evidence

from which a jury could reasonably conclude that the Hampstead
defendants either effected an unlawful arrest, or employed excessive

force in arresting or detaining the plaintiff.

Defendants, on the

other hand, have demonstrated that there is no genuine dispute as
to any material fact, and, given the undisputed material facts, they
are entitled to judgment as a matter of law

Date:

April 22, 2013

/s/ Steven J. McAuliffe
Steven J. McAuliffe
United States District Judge