Federal appeals court upholds decision favoring Camden police

By Lynda Clancy | Feb 09, 2012

Camden — The U.S. First Circuit Court of Appeals has affirmed a decision that Camden police acted properly in investigating a burglary.

Linda Ann Irving filed her appeal last June after U.S. Magistrate Judge Margaret Kravchuk entered a judgment for Camden in U.S. District Court in Portland.

On Feb. 7, the appeals court wrote: "Having conducted a de novo review, we affirm the judgment substantially for the reasons set forth in the district court's comprehensive May 27, 2011 decision.... On appeal, plaintiff Linda Ann Irving offers little in the way of substantive challenges to the district court's decision and/or defendants' brief. These involve matters of tangential relevance at best and, even with all reasonable inferences drawn in her favor, do not call the court's judgment into question."

Irving had said Camden failed to properly investigate a burglary at her Camden home, and filed her initial suit in August 2010. She stated then in documents that while she was overseas in March 2008, a burglary occurred at her home. She said that she sent an email to the chief, seeking information on the burglary but received no response. The Camden woman said when she arrived back home, a locked file cabinet had been broken into and damaged, and that a trash can from the bathroom had its contents emptied into a dresser drawer in the master bedroom.

In the February decision, the court said that on appeal, Irving offered little in the way: "of substantive challenges to the district court's reasoning."

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