Federal choose throws out portion of civil rights declare in opposition to Plainville cop | Native Information

PLAINVILLLE – A federal judge dismissed a civil rights lawsuit against a local police officer, but allowed an off-duty police officer witness to trial on similar issues under state law.

The lawsuit was filed by David Banks, who alleges his home on Old Taunton Street was during an investigation into a July 2016 altercation outside his home between former North Attleboro Police Sgt. According to court records, David Gould and Plainville Detective James Moses.

However, U.S. District Court Judge Donald Cabell ruled that Lt. James Floyd found a likely cause for obtaining the search warrant and dismissed the federal search and seizure claim.

Banks also alleges Floyd pressured him to cooperate in investigating the dispute with an unlicensed pistol found during a search of his home against him, according to court records.

When Floyd’s attorney moved to dismiss the lawsuit, there was no evidence that the lieutenant intended to force him to cooperate in the investigation.

According to court records, Banks was never charged with firearms violations and he did not cooperate in investigating the attack.

In the absence of the banks’ cooperation, Floyd was given a warrant to search evidence in the bank’s home, including outdoor cameras and electronics, according to court records.

Floyd was led to Banks after Banks told a town hall clerk that he saw Moses kiss Julie Barrett, a Plainville police officer and Gould’s girlfriend, and then hit Gould Moses when he confronted the couple.

Banks learned that the people he saw were off duty police after reading an account of the incident in The Sun Chronicle about 1 ½ months later. He told the city worker that he believed that at least one officer had lied and that court records indicated that he had an outdoor camera in his home.

Exactly what Banks told the city employee and police to suspected evidence on the cameras is disputed by various people involved in the lawsuit.

The assault charges against Gould were later dismissed after an out-of-court settlement was reached with Moses, who refused to bring charges.

Gould was also found innocent.

In his 21-page decision on Friday, Cabell also dismissed the case against the city, which was also named with Floyd as a defendant on the state civil rights charges.

He said the state civil rights claim and the banks’ claim that he suffered emotional distress because of the incident should be decided by a jury on trial.

The lawyers on both sides were happy with the decision.

“His house should never have been searched,” said Banks attorney Timothy Burke of Needham on Tuesday, adding that his client was satisfied with the verdict.

Floyd’s attorney, Thomas Donhue of Boston, said, “We are pleased that the court failed to establish the state civil rights claims, and we are confident we will prevail against the remaining minor claims.”

In court files, Donohue said there was no evidence that Floyd intended to cause emotional distress and that Banks made conflicting statements about whether there was evidence on his cameras. Donohue also argued that Floyd was protected by a “qualified immunity” that protects police officers from civil liability if they act under the color of the law.

Usually the judge said he would refer the case back to a state court because the federal civil rights suit was dismissed.

However, he said he would remain responsible in this case as the parties had already given extensive briefings on these issues.

David Linton can be reached at 508-236-0338.

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