CA3: Daughter’s complaint of sex abuse to police was PC for arrest foreclosing civil case, even if officers should have inquired further

Daughter’s claim of sexual abuse was probable cause for charges to be filed against the plaintiff. He was acquitted at trial. His § 1983 claim that a further investigation was required did not satisfy the “shock the conscience” standard. Livingston v. Allegheny County, 400 Fed. Appx. 659 (3d Cir. 2010) (unpublished):

No genuine issue exists in this case as to whether Appellees’ actions “shocked the conscience.” Appellees’ investigation certainly may have benefitted from additional interviews and evidence collection. Dr. Nathan recommended a forensic interview of B.W. and none was conducted. Appellees did not collect N.W.’s or B.W.’s school and hospital records, or CYF files. Evidence from these records and files would have revealed B.W.’s previous false allegation of physical abuse, CYF’s prior findings of no abuse in the Livingston house, and N.W.’s recent suicide attempt and emotional state. Yet, these failures do not rise to the required culpability standard that their behavior “shocked the conscience.”

The record supports the conclusion that defendant’s wife had actual and apparent authority to consent to the search of their home, and there was no question as to voluntariness of consent. United States v. Stone, 399 Fed. Appx. 684 (2d Cir. 2010) (unpublished).*