Summary Judgment Granted For Police Department Accused of Arrest Warrant Fabrication

By: Alan R. Dembiczak

adembiczak@hl-law.com

860-249-1361 Ext. 148

Stearns v. Plainfield (USDC – 2015): Plaintiff, Anne Stearns, filed suit against Plainfield police officers for false arrest and malicious prosecution. Plaintiff was a Marshall and had served an individual with divorce papers at his home. That individual found the papers inside his home and reported to the police that she improperly entered her home. The police investigated, took statements from both Plaintiff and the individual who was served, and as a result, an arrest warrant was issued for Plaintiff’s arrest. Plaintiff filed suit and claimed that the officers lied and fabricated facts in the arrest warrant. The defendant filed a motion for summary judgment as to all claims, arguing that even under the corrected affidavit test, where the Court removes alleged “false” facts and adds alleged “omitted” facts, the arrest warrant was still supported by probable cause. After performing the corrected affidavit test, the Court found that the warrant was still supported by probable cause, and therefore, granted the motion for summary judgment.