Police Department Wins On Summary Judgment In False Arrest, Malicious Prosecution Case

860-249-1361 Ext. 148

Pearce v. Manchester (USDC – 2015): The plaintiff, Donald Pearce, filed suit against Manchester Police Officer Miele for false arrest and malicious prosecution as a result of his arrest pursuant to an arrest warrant. During the course of an investigation into an allegation that Plaintiff’s wife was stealing money from her employer, Manchester Police Department obtained a search warrant for the bank records of the plaintiff and his wife. After the records were obtained, they were disclosed to an accountant who assisted the Manchester Police Department in determining that Plaintiff was aware of his wife’s theft, which formed the basis of the arrest warrant. Plaintiff alleged that his Fourth Amendment rights were violated, as his bank records were improperly seized and given to a third party. Defendants filed a motion for summary judgment as to all counts in the complaint, which the Court granted, finding that the bank records were not the possession of the plaintiff, but instead, owned by the bank, and therefore, Plaintiff had no expectation of privacy in said records.