Legal Opinion

Mutter v. Town of Salem

District Court, D. New Hampshire

Decided November 14, 1996No. Civil 94-299-SDPublishedCited by 8 opinions

1Opinion of the Court

ORDER

DEVINE, Senior District Judge.

In this civil rights action, plaintiff Carl Mutter brings various claims arising out of his arrest and prosecution for felonious sexual assault. The complaint brings claims pursuant to 42 U.S.C. § 1983, as well as state law.

Presently before the court is defendants’ motion for summary judgment, in which all the named defendants have moved for summary judgment on essentially two grounds: (1) Mutter’s arrest was based on probable, cause; and (2) assuming, arguendo, that probable cause was absent, defendants are entitled to qualified immunity. Plaintiff objects.…

2Cases cited27 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  4. City of Canton v. HarrisSupreme Court of the United States · 1989
  5. Franks v. DelawareSupreme Court of the United States · 1978

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3Cited by8 opinions

  1. United States v. David P. BizierCourt of Appeals for the First Circuit · 1997
  2. White v. Town of MarbleheadDistrict Court, D. Massachusetts · 1997
  3. Forest v. Pawtucket Police DepartmentDistrict Court, D. Rhode Island · 2003
  4. Menebhi v. MattosDistrict Court, D. Rhode Island · 2002
  5. Bertram v. ViglasDistrict Court, D. Massachusetts · 2020

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