Burt v. Ferrese

OPINION OF THE COURT

BECKER, Circuit Judge.

This is an appeal from the district court’s grant of summary judgment for the defendants in a civil rights suit brought by plaintiff-appellant Daniel W. Burt. Our review is plenary. Concluding that there is a genuine issue of material fact with respect to Burt’s 42 U.S.C. § 1983 claim, we reverse as to that claim. However, we will affirm the grant of summary judgment as to Burt’s pendent state claims (for false arrest and detention and intentional infliction of emotional distress) and his 42 U.S.C. § 1985 claim.

I

The following facts were developed…