Legal Opinion

Foley v. Kiely

Court of Appeals for the First Circuit

Decided April 15, 2010No. 09-1250PublishedCited by 10 opinions

1Opinion of the Court

STAHL, Circuit Judge.

Plaintiff-appellant Michael Foley appeals the dismissal of his 42 U.S.C. § 1983 claims against Defendants Lawrence Kiely and Gerald Collins, Massachusetts State Troopers, and Defendant Diana DiPientrantonio, a sergeant with the Massachusetts State Police. 1 Foley claims that Troopers Kiely and Collins unconstitutionally seized and arrested him. The District of Massachusetts granted summary judgment in favor of Defendants, and after a de novo review, we affirm.

I. Facts and Background

Because we review this case after a grant of summary judgment, we present the facts in the…

2Cases cited17 opinions

  1. Baker v. McCollanSupreme Court of the United States · 1979
  2. Florida v. BostickSupreme Court of the United States · 1991
  3. United States v. ArvizuSupreme Court of the United States · 2002
  4. United States v. HensleySupreme Court of the United States · 1985
  5. United States v. RusherCourt of Appeals for the Fourth Circuit · 1992

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3Cited by10 opinions

  1. United States v. SilvaCourt of Appeals for the First Circuit · 2014
  2. United States v. MohamedCourt of Appeals for the First Circuit · 2010
  3. Machado v. Weare Police DepartmentCourt of Appeals for the First Circuit · 2012
  4. Petro v. Town of West Warwick ex rel. MooreDistrict Court, D. Rhode Island · 2012
  5. Petro v. Town of West Warwick Ex Rel. MooreDistrict Court, D. Rhode Island · 2011

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