Legal Opinion
MacFarlane v. Smith
District Court, D. New Hampshire
Decided November 27, 1996No. Civil 96-38-SDPublishedCited by 3 opinions
1Opinion of the Court
ORDER
DEVINE, Senior District Judge.
This civil rights action arises out of the civil arrest of plaintiff James M. MacFarlane following his failure to pay alimony as ordered by a state court divorce decree. Presently before the court are separate motions filed by defendants Judge Peter Smith and Attorney Jack Crisp to dismiss the complaint under Rule 12(b)(6), Fed.R.Civ.P., for failure to state a claim upon which relief can be granted. Plaintiff objects to both motions.
Facts
Plaintiff MacFarlane was involved in state court divorce proceedings against his ex-wife, defendant Beryl Rich. Defendant…
2Cases cited24 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Albright v. OliverSupreme Court of the United States · 1994
- Stump v. SparkmanSupreme Court of the United States · 1978
- Monroe v. PapeSupreme Court of the United States · 1961
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3Cited by3 opinions
- Fiumara v. McCarthyDistrict Court, D. New Hampshire · 1998
- Suarez-Rodriguez v. Federal Express Corp.District Court, D. Puerto Rico · 2002
- Tremblay v. Smith, et al.District Court, D. New Hampshire · 1997