Legal Opinion

Spencer v. Roche

District Court, D. Massachusetts

Decided November 8, 2010No. Civil Action 08-40100-FDSPublishedCited by 26 opinions

1Opinion of the Court

AMENDED MEMORANDUM AND ORDER ON DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT

SAYLOR, District Judge.

This is a civil rights action arising out of a body cavity search. In 2005, Shane Spencer was arrested by the Worcester Police for driving on a suspended license. Shortly thereafter, a confidential informant notified officer Gary Morris that he believed Spencer had placed crack cocaine in his rectum just before he was arrested. Officer Morris and Sergeant Stephen Roche asked for Spencer’s permission to conduct a search, but he refused. The officers then attempted a visual search, which was…

2Cases cited58 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  3. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  4. Bell v. WolfishSupreme Court of the United States · 1979
  5. City of Canton v. HarrisSupreme Court of the United States · 1989

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3Cited by26 opinions

  1. Tobin Ex Rel. L. v. Federal Express Corp.Court of Appeals for the First Circuit · 2014
  2. Eason v. AlexisDistrict Court, D. Massachusetts · 2011
  3. Turkowitz v. Town of ProvincetownDistrict Court, D. Massachusetts · 2012
  4. Chapman v. FinneganDistrict Court, D. Massachusetts · 2013
  5. Correia v. Town of FraminghamDistrict Court, D. Massachusetts · 2013

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