Publication Details

Michael A. D’Anton achieves two Federal Court Summary Judgment decisions

Michael A. D’Anton achieves two Federal Court Summary Judgment decisions

Michael A. D’Anton achieved two Federal Court Summary Judgment decisions on behalf of the City of Linden.  The first case involved claims of excessive use of force, false arrest, and improper search and seizure under the Fourth Amendment.  Plaintiff sued the City, the Mayor, the Chief of Police and twelve police officers after he was arrested for domestic violence and involuntarily committed for a psychiatric evaluation.  Mr. D’Anton successfully convinced the Federal District Court that the City and the individual defendants acted reasonably and constitutionally in activating the City’s SWAT team, arresting the plaintiff, seizing his firearm and ammunition, and detaining and transporting him for psychiatric evaluation.

In the second case, plaintiffs accused Linden police officers of false and discriminatory arrest under the Fourth and Fourteenth Amendments based on their being members in a group of people known as “Roma.”  Mr. D’Anton successfully argued that the police had probable cause to effectuate the arrest under the New Jersey Domestic Violence Act, and, therefore, there was no substantive due process, equal protection or false arrest constitutional violation.