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Court Grants Summary Judgment in 42 U.S.C. § 1983 Civil Action for Deprivation of Civil Rights

A federal district judge concluded that plaintiffs failed to assert cognizable claims of constitutional violations.

The judge, the Hon. John Preston Bailey of the United States District Court for the Northern District of West Virginia, granted summary judgment to the City of Parsons and the Chief of Police, William Rowe. In his ruling, Judge Bailey held that a public official cannot be charged with false arrest when he arrests a defendant pursuant to a facially valid warrant. The Court further ruled that the police officer involved was entitled to qualified immunity and that the municipality was not liable on a theory of agency in a 42 U.S.C. § 1983 cause of action.

The City of Parsons and Chief of Police were represented by Flaherty attorneys Pete DeMasters and Travis Prince.

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