{"id":4888,"date":"2011-04-14T07:56:16","date_gmt":"2010-11-14T15:14:25","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-11-14T15:14:25","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4888","title":{"rendered":"CA3: Daughter’s complaint of sex abuse to police was PC for arrest foreclosing civil case, even if officers should have inquired further"},"content":{"rendered":"

Daughter\u2019s claim of sexual abuse was probable cause for charges to be filed against the plaintiff. He was acquitted at trial. His \u00a7 1983 claim that a further investigation was required did not satisfy the \u201cshock the conscience\u201d standard. Livingston v. Allegheny County<\/a>, 400 Fed. Appx. 659 (3d Cir. 2010) (unpublished):<\/p>\n

No genuine issue exists in this case as to whether Appellees\u2019 actions \u201cshocked the conscience.\u201d Appellees\u2019 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.\u2019s or B.W.\u2019s school and hospital records, or CYF files. Evidence from these records and files would have revealed B.W.\u2019s previous false allegation of physical abuse, CYF\u2019s prior findings of no abuse in the Livingston house, and N.W.\u2019s recent suicide attempt and emotional state. Yet, these failures do not rise to the required culpability standard that their behavior \u201cshocked the conscience.\u201d\n<\/p><\/blockquote>\n

The record supports the conclusion that defendant\u2019s 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<\/a>, 399 Fed. Appx. 684 (2d Cir. 2010) (unpublished).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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