Legal Opinion

Burbank v. Davis

District Court, D. Maine

Decided October 23, 2002No. CIV.02-59-P-KPublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OF DECISION ON MOTION FOR SUMMARY JUDGMENT 1

KRAVCHUK, United States Magistrate Judge.

William Burbank is the plaintiff in this 42 U.S.C. § 1983 action seeking damages for alleged violations of his constitutional rights during an early morning police encounter with a group of individuals in a pub parking lot in Portland, Maine. Sergeant Jeffery Davis, a Portland police officer is the only remaining defendant. Two counts tethered to the Fourth Amendment are still in contest: one alleging that Davis arrested Burbank without probable cause and one alleging that Davis used excessive…

2Cases cited39 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Graham v. ConnorSupreme Court of the United States · 1989
  4. Anderson v. CreightonSupreme Court of the United States · 1987
  5. Bell v. WolfishSupreme Court of the United States · 1979

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3Cited by6 opinions

  1. Doyle v. Department of Human ServicesSupreme Judicial Court of Maine · 2003
  2. Therrien v. Town of JayDistrict Court, D. Maine · 2007
  3. Bernath v. Potato Services of MichiganDistrict Court, D. Maine · 2004
  4. Ary Jewelers, LLC. v. IBJTC Business Credit Corp.District Court, D. Massachusetts · 2006
  5. FIRST GASTON BANK v. City of HickoryCourt of Appeals of North Carolina · 2010

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