In plaintiff's 42 U.S.C section 1983 case against a city and a police officer claiming his Fourth and Fourteenth Amendment rights were violated when a police officer stopped him in front of a courthouse to investigate plaintiff's possession of a handgun, district court's judgment in favor of the defendants is affirmed where: 1) district court had ample reason to conclude that officer's investigatory stop was justified at its inception; 2) district court correctly concluded that officer acted within the permissible scope of his initial Terry stop of plaintiff; 3) plaintiff failed to properly raise a Second Amendment claim in court; 4) district court correctly dismissed plaintiff's claims against the city sua sponte.
Appeal from the United States District Court for the District of Massachusetts
Decided December 23, 2009
Opinion by Stahl, Circuit Judge
For Appellant: Alan Jay Black
For Appellee: Kevin B. Coyle