CA1: Ptf shows apparent Franks violation to survive SJ in § 1983 case

Defendants’ grant of summary judgment in a § 1983 case is reversed for a Franks violation in a theft case where plaintiff had a power of attorney over the property and the officer knew it and failed to disclose it to the issuing magistrate. Plaintiff showed that there were material misrepresentations and omissions to survive summary judgment. “Collectively, correction of the misrepresentation and the two omissions would have painted a fundamentally different picture of Jordan’s actions in trying to assist an episodically confused and often hostile parent. It is not a reasonable picture of a thief in action and, thus, would fall short of establishing probable cause for a search warrant.” There is also a jury question as to whether the officer was acting with reckless disregard to the true facts in obtaining the search warrant without revealing all the material underlying facts. Jordan v. Town of Waldoboro, 2019 U.S. App. LEXIS 35575 (1st Cir. Nov. 27, 2019).