No. 23-1794

JOHN DEATON,

Plaintiff, Appellant,

v.

TOWN OF BARRINGTON; JAMES CUNHA, Town Manager, Town of Barrington; DAVID WYROSTEK, individually, and in his official capacity as police officer for the Town of Barrington; ANTHONY DECRISTOFORO, individually, and in his official capacity as police officer for the Town of Barrington; TIMOTHY HARRINGTON, individually, and in his official capacity as police officer for the Town of Barrington; JOHN LACROSS, individually, and in his official capacity as police officer for the Town of Barrington,

Defendants, Appellees.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND

[Hon. William E. Smith, U.S. District Judge]

Before

Gelpí, Howard, and Rikelman, Circuit Judges.

John E. Deaton, with whom Deaton Law Firm LLC, was on brief, for appellant. Marc DeSisto, with whom Sarah D. Boucher, Kathleen A. Hilton, and DeSisto Law LLC, were on brief, for appellees. May 3, 2024 GELPÍ, Circuit Judge. Plaintiff-Appellant John Deaton ("Deaton") was arrested and charged with assault, battery, and disorderly conduct. Although the charges were later dismissed, he brought state and federal claims against the Town of Barrington and other individuals in their capacities as police officers and town manager (the "Defendants"). The Defendants removed the case from Providence County Superior Court to the United States District Court for the District of Rhode Island, Deaton's motion for remand was unsuccessful, and then he added federal claims via an amended complaint. The district court granted summary judgment in favor of the Defendants on most counts, and remanded three counts, one in full and two in part, for the state court to resolve. Deaton now appeals, arguing that the district court improperly found that probable cause to arrest him existed, that it improperly denied his post-judgment motion, and that it should have abstained and remanded to state court to allow the state claims to be resolved. We disagree and affirm.

I. Background

When reviewing a grant of summary judgment, we construe the relevant facts in the light most favorable to the non-moving party, in this case, Deaton. See Mancini v. City of Providence ex

- 3 - rel. Lombardi, 909 F.3d 32, 37 (1st Cir. 2018). The facts below are undisputed unless noted otherwise.

A. Facts

In September 2017, Deaton and his partner attended a Pop Warner football game in Barrington, Rhode Island.1 Deaton's partner's ex-husband, Ronald Warner ("Warner"), and his new partner were also in attendance. A verbal and physical altercation occurred between Deaton and Warner, and while the details of the encounter are disputed, it is undisputed that Deaton said something to the effect of not wanting to "whip [Warner's] ass." Warner called 911 and claimed he was assaulted by Deaton. While Warner claimed that Deaton "put his hands on [Warner's] throat," Deaton claimed that he pushed Warner away and likely touched his throat or "neck area." A football coach told the men to "knock it off and get out of there."

The Barrington Police Department dispatched Officers David Wyrostek ("Officer Wyrostek") and Anthony DeCristoforo ("Officer DeCristoforo") to Barrington High School where Officer Wyrostek arrived first and spoke with Warner. Warner claimed Deaton placed his hands on his throat and choked him. Officer Wyrostek did not notice any apparent injuries on Warner. As Deaton drove by, Warner pointed him out