United States Court of Appeals
                     For the First Circuit


No. 18-2062

                       SCOTT JORDAN, JR.,

                      Plaintiff, Appellant,

                               v.

              TOWN OF WALDOBORO; WILLIAM LABOMBARDE,
     Waldoboro Chief of Police; LAWRENCE W. HESSELTINE, JR.,
            Waldoboro Police Officer; JEFFERY FULLER,
           Waldoboro Police Officer; ANDREW SANTHESON,
                     Waldoboro Police Officer,

                     Defendants, Appellees,

                  WALDOBORO POLICE DEPARTMENT,

                           Defendant.


          APPEAL FROM THE UNITED STATES DISTRICT COURT
                    FOR THE DISTRICT OF MAINE

         [Hon. John H. Rich III, U.S. Magistrate Judge]


                             Before

                       Howard, Chief Judge,
               Kayatta and Barron, Circuit Judges.


     Karen Wolfram, with whom Fairfield & Associates, P.A. was on
brief, for appellant.
     Kasia S. Park, with whom Edward R. Benjamin, Jr. and Drummond
Woodsum were on brief, for appellees.
November 27, 2019
            KAYATTA, Circuit Judge.        Scott M. Jordan ("Senior"), his

health failing, executed a Power of Attorney (POA) authorizing his

son, Scott M. Jordan, Jr. ("Jordan"), to take control and dispose

of Senior's property in any way Senior might do were he able.

Unhappy     with   Jordan's   subsequent       decisions      concerning    his

property, Senior revoked the POA and complained to the Waldoboro

Police Department.       Waldoboro Police Officers obtained a warrant

to search Jordan's home for Senior's property, and after finding

Senior's property there, arrested Jordan for theft.              The district

attorney dismissed the criminal prosecution after Senior died.

            Jordan brought this civil rights action against the Town

of   Waldoboro,    the   Waldoboro    Police    Department,      and    several

Waldoboro    Police   Officers.       He     alleged   that    the     affidavit

accompanying the search warrant contained intentional or reckless

omissions and misstatements of fact, that an accurate affidavit

would not have supported probable cause for the search of his home,

and that there was no probable cause for his arrest.             A magistrate

judge, sitting as the district court with the consent of the

parties, granted summary judgment for the defendants, dismissing

all of Jordan's claims.        Jordan timely appealed to this court.

For the following reasons, we reverse in part and affirm in part.




                                     - 3 -
                                 I.

            In this appeal from the entry of summary judgment, we

take the facts in the light most favorable to Jordan.    See Staples

v. Gerry, 

, 14 (1st Cir. 2019).

            Jordan was employed in the corrections division of the

Cumberland County Sheriff's office.      As of May 2014, Senior was

living independently at his home in Waldoboro, Maine, while Jordan

and Jordan's daughter lived together in Standish, Maine.      Jordan

and Senior made plans for Senior to move in with Jordan and his

daughter.    They agreed that, in anticipation of the move, Jordan

would help fix up Senior's home and sell some of Senior's property

so that Senior's home could be rented or sold.

            On May 12, 2014, Senior was taken by ambulance to the

hospital, where he was admitted for progressive confusion.     After

improving, Senior was discharged on May 23, 2014, but the next day

he was "[u]nresponsive" and "not able to provide any answers to

questions" and returned to the hospital.     Senior was in and out of

the hospital through July of 2014.

            In accordance with Senior and Junior's plan for Junior

to sell some of Senior's property, on May 15, 2014, during Senior's

initial hospitalization, Senior directed his attorney to draft an

Appointment of Agen