U.S. v. Pereia

Dist. Ct. did not err in granting defendants-police officials’ motion for summary judgment in section 1983 action alleging defendants lied about date of certain police dept. roll call announcement at which plaintiff-police officer was present, which formed basis of plaintiff’s prosecution on drug conspiracy charges that eventually resulted in plaintiff’s acquittal. Grand jury’s indictment on said charge was prima facie evidence of existence of probable cause that served to preclude plaintiff’s malicious prosecution claim, and record otherwise showed existence of probable cause where: (1) purported drug dealer had attempted to bribe other police officers; and (2) wire tap evidence indicated that plaintiff had made several calls to said drug dealer to either meet in person or to warn drug dealer about arrest of drug dealer’s associate. Moreover, record refuted plaintiff’s theory that he was set up by defendants after they had become aware that plaintiff had warned drug dealer about police surveillance that had been announced at said roll call. Also, plaintiff could not assert similar equal protection claim where: (1) such claim was mere rewording of unsuccessful malicious prosecution action; and (2) none of plaintiff’s comparable police officers were similarly-situated to plaintiff.