Judge rejects woman’s appeal over rape claim

A woman who claims Nashua police wrongly prosecuted her over a 2003 rape complaint has lost an appeal in federal court.

Monique Harrington had claimed a male acquaintance raped her in June 2003. When she filed a complaint three months later, Nashua police determined the charge was false, and Harrington ultimately admitted it was untrue.

Harrington later claimed that police falsely imprisoned her because they wouldn’t release her after filing the complaint.

She also claimed malicious prosecution, essentially saying the conditions of her release on bail amounted to still being held in custody.

In June of this year, U.S. District Court Judge Paul Barbadoro dismissed both those claims – the imprisonment charge because the statute of limitations had expired, and the malicious prosecution charge because it did not result in a “seizure” as defined by the Fourth Amendment.

Harrington asked him to reconsider, but on Wednesday, Barbadoro denied that request.

– DAVID BROOKS