# Joanne Joyce, Individually and as of the Estate of James D. Joyce v. Town of Tewksbury, Massachusetts, John R. MacKey Alfred Donovan and Robert Budryk

> Court of Appeals for the First Circuit · April 29, 1997 · 112 F.3d 19

URL: https://www.frixlaw.com/law-library/cases/9490237

## Case

- **Full name:** Joanne JOYCE, Individually and as Executrix of the Estate of James D. Joyce, Plaintiff, Appellant, v. TOWN OF TEWKSBURY, MASSACHUSETTS, John R. MacKey, Alfred Donovan and Robert Budryk, Defendants, Appellees
- **Court:** Court of Appeals for the First Circuit
- **Decided:** April 29, 1997
- **Citations:** 112 F.3d 19; 1997 U.S. App. LEXIS 9084; 1997 WL 199931
- **Precedential status:** Published
- **Opinion:** Concurrence by Lynch
- **Judges:** Torruella, Campbell, Selya, Boudin, Stahl, Lynch
- **Cited by:** 54 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9490237

## How later opinions describe it (automated extraction)

- holding that officers were qualifiedly immune where making a doorway arrest where they had an arrest warrant
- stating that the question of whether a Fourth Amendment violation occurred is "a point we do not decide”
- noting that a there is no settled answer to the constitutionality of doorway arrests

## Opinion text

LYNCH, Circuit Judge
(concurring).
While I am sympathetic to the very strong arguments that the police violated the Fourth Amendment, I join the per curiam. That the judges of this court so strongly disagree about whether there was a Fourth Amendment violation means that the law in this area is not so clearly established as to make the officers’ actions objectively unreasonable. Anderson v. Creighton, 483 U.S. 635 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 (1987); St. Hilaire v. City of Laconia, 71 F.3d 20 (1995). The officers are entitled to immunity, given the state of the law in 1989.
Dissent follows.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9490237. Public record. Not legal advice.