Madison v. Manter, No. 71-1028.
| Court | United States Courts of Appeals. United States Court of Appeals (1st Circuit) |
| Writing for the Court | ALDRICH, , McENTEE and COFFIN, Circuit |
| Citation | 441 F.2d 537 |
| Parties | Jeffrey L. MADISON, Plaintiff, Appellant, v. George W. MANTER et al., Defendants, Appellees. |
| Docket Number | No. 71-1028. |
| Decision Date | 28 April 1971 |
441 F.2d 537 (1971)
Jeffrey L. MADISON, Plaintiff, Appellant,
v.
George W. MANTER et al., Defendants, Appellees.
No. 71-1028.
United States Court of Appeals, First Circuit.
April 28, 1971.
Daniel F. Featherston, Jr., Boston, Mass., with whom Francis C. Lynch, Jr., Springfield, Mass., was on brief, for appellant.
Richard W. Renehan, Boston, Mass., with whom Hill & Barlow, Boston, Mass., was on brief, for appellees.
Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.
ALDRICH, Chief Judge.
This is an action under 42 U.S.C. § 1983 for damages for illegal search and seizure and arrest. The complaint was dismissed for failure to state a claim upon which relief may be granted. After the dismissal plaintiff moved to amend by adding two paragraphs. The district court denied the motion, "for the reason that the complaint as if amended fails to state a claim." Plaintiff appealed. Inherent in this appeal is what plaintiff meant by the new allegations.
The complaint alleges that the plaintiff Madison was a resident of West Tisbury, Massachusetts; that the defendants Manter, Bunker and Maida were local police officers; that the defendants Bunker and Maida observed a (smoker's) pipe on the floor of plaintiff's parked car; that, without entering the car, they concluded that the pipe contained a residue of marijuana;1 that they reported this belief to the defendant Manter; that Manter prepared an affidavit and filed an application for a search warrant based on this report; that the search warrant was issued; that plaintiff's car was searched and the pipe taken; that a chemical analysis proved that there was in fact marijuana in the pipe; that criminal proceedings were instituted against plaintiff in the
In the proposed complaint it is alleged that "defendants knew or should have known that they did not have * * * probable cause for the issuance of a search warrant." There is a substantial difference between a claim that the defendants knew that probable cause was lacking, and that they should have known. The one supports a finding of malice; the other simply of negligence. Upon our pointing out the difference, and the single tenor of his brief, plaintiff conceded that he was not claiming "knew" and that he really meant to charge negligence. We so take the complaint, and assume that plaintiff could, conceivably, establish that although defendants proved to be right in their diagnosis of the contents of the pipe, they were lucky rather than skillful.2
In sum, the complaint charges that defendants in good faith, but negligently, sought a search warrant upon an affidavit that they believed was...
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Rodriguez v. Ritchey, 75-1362
...19 The majority admits that Agent Arwine has shown no malice. Relevant to this point is the First Circuit case of Madison v. Manter, 441 F.2d 537 (1st Cir. 1971). In Madison a state police officer was sued under section 1983 for negligence in seeking a search warrant on insufficient evidenc......
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United States v. Leon, 82-1771
...102 S.Ct. 2157, 2172, n. 32, 72 L.Ed.2d 572 (1982); Stadium Films, Inc. v. Baillargeon, 542 F.2d 577, 578 (CA1 1976); Madison v. Manter, 441 F.2d 537 (CA1 1971). See generally Pierson v. Ray, 386 U.S. 547, 87 S.Ct. 1213, 18 L.Ed.2d 288 (1967). The Court amazingly suggests that in some cases......
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Parratt v. Taylor, 79-1734
...(CA2 1973); McCray v. Maryland, 456 F.2d 1 (CA4 1972); Carter v. Carlson, 144 U.S.App.D.C. 388, 447 F.2d 358 (1971); Madison v. Manter, 441 F.2d 537 (CA1 1971); Howard v. Swenson, 426 F.2d 277 (CA8 1970); Whirl v. Kern, 407 F.2d 781 (CA5 1968); and Striker v. Pancher, 317 F.2d 780 (CA6 1963......
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Jones v. Diamond, 78-1289
...other grounds sub nom. District of Columbia v. Carter, 1973, 409 U.S. 418, 93 S.Ct. 602, 34 L.Ed.2d 613; Madison v. Manter, 1 Cir. 1971, 441 F.2d 537, 538. A plaintiff suing under § 1983 must, of course, demonstrate that the alleged wrong resulted in a deprivation of a right secured by the ......
-
Rodriguez v. Ritchey, 75-1362
...19 The majority admits that Agent Arwine has shown no malice. Relevant to this point is the First Circuit case of Madison v. Manter, 441 F.2d 537 (1st Cir. 1971). In Madison a state police officer was sued under section 1983 for negligence in seeking a search warrant on insufficient evidenc......
-
United States v. Leon, 82-1771
...102 S.Ct. 2157, 2172, n. 32, 72 L.Ed.2d 572 (1982); Stadium Films, Inc. v. Baillargeon, 542 F.2d 577, 578 (CA1 1976); Madison v. Manter, 441 F.2d 537 (CA1 1971). See generally Pierson v. Ray, 386 U.S. 547, 87 S.Ct. 1213, 18 L.Ed.2d 288 (1967). The Court amazingly suggests that in some cases......
-
Parratt v. Taylor, 79-1734
...(CA2 1973); McCray v. Maryland, 456 F.2d 1 (CA4 1972); Carter v. Carlson, 144 U.S.App.D.C. 388, 447 F.2d 358 (1971); Madison v. Manter, 441 F.2d 537 (CA1 1971); Howard v. Swenson, 426 F.2d 277 (CA8 1970); Whirl v. Kern, 407 F.2d 781 (CA5 1968); and Striker v. Pancher, 317 F.2d 780 (CA6 1963......
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Jones v. Diamond, 78-1289
...other grounds sub nom. District of Columbia v. Carter, 1973, 409 U.S. 418, 93 S.Ct. 602, 34 L.Ed.2d 613; Madison v. Manter, 1 Cir. 1971, 441 F.2d 537, 538. A plaintiff suing under § 1983 must, of course, demonstrate that the alleged wrong resulted in a deprivation of a right secured by the ......