PLAINVILLLE â A federal magistrate judge has dismissed a civil rights suit against a local police officer but allowed a witness to an altercation between off-duty police officers to proceed to trial over similar issues under state law.
The lawsuit was filed by David Banks, who claims his Old Taunton Street home was unlawfully searched during an investigation into a July 2016 altercation outside his home between former North Attleboro Police Sgt. David Gould and Plainville Detective James Moses, according to court records.
However, U.S. District Court Judge Donald Cabell ruled that Lt. James Floyd had established probable cause to obtain the search warrant and dismissed the federal civil rights claim of unlawful search and seizure.