Klaucke v. Daly, No. 09-1222

In an action against a police officer claiming violation of plaintiff's Fourth Amendment rights and violation of state civil rights law, district court's grant of summary judgment in favor of the defendant is affirmed as officer had ample reasonable suspicion to believe that defendant was a minor in possession of alcohol in violation of state law when he detained the defendant, demanded identification, and briefly retained his driver's license in order to confirm its validity and check for outstanding warrants.     

Read Klaucke v. Daly, No. 09-1222

Appellate Information

Appeal from the United States District Court for the District of Massachusetts

Decided February 9, 2010

Judges

Before: Lynch, Chief Judge, Torruella and Stahl, Circuit Judges

Opinion by  Circuit Judge Torruella

Counsel

For Appellant:  Bruce D. Colegrove

For Appellee:     Richard W. Jensen and Morrison, Mahoney, LLP