Rebecca L. Bush

The plaintiff sued the police for negligent investigation, assault and battery, misfeasance of public office, and conversion of property following his arrest on drug trafficking charges that were later stayed.

The plaintiff alleged the police relied on fabricated information to obtain wiretap authorizations and used excessive force during his arrest, causing severe injuries including deep vein thrombosis.

The court dismissed the action in its entirety, finding the wiretap authorizations were validly issued based on reasonable grounds and the police did not breach their duty of care.

The court also rejected the plaintiff's claims of excessive force, finding his injuries were minor, his testimony lacked credibility, and his severe medical issues were pre-existing.

The plaintiffs brought actions against the police defendants for negligent investigation, malicious prosecution, and defamation arising from their arrests for criminal harassment and threatening death related to a series of threatening letters and phone calls directed at a school.

The police defendants moved for summary judgment to dismiss the actions.

The court granted the motions, finding that the police had reasonable and probable grounds to arrest the plaintiffs, there was no evidence of malice, and the defamation claims were improperly pleaded and subject to qualified privilege.

Additionally, one plaintiff's action was barred by the limitation period.