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The appeals court noted that the deputy could justify the arrest by showing probable cause for any crime, and that probable cause existed to arrest the plaintiff for interference with public duties in light of the prevailing law at the time of the arrest.
Campos v. Lexis 5th Cir. Police raided a loud late-night party in a vacant house after hearing that illegal activities were going on there. The house was in disarray, with a smell of marijuana and liquor on display. When the officers spoke by phone to Peaches, she eventually admitted that she did not have permission to use the house. The owner of the premises indicated that he had not given anyone permission to be there. The officers arrested those present for unlawful entry. Several sued for false arrest.
The U. Supreme Court disagreed with this award, and held that the officers had probable cause to arrest the partygoers. Their implausible answers gave the officers ample reason to believe that they were lying. The officers were entitled to qualified immunity even if they lacked actual probable cause because a reasonable officer could have interpreted the law as permitting the arrests.
District of Columbia v. Wesby,L. Lexis A man was arrested and charged in connection with a bar fight that resulted in one dead victim and one badly injured one. He was acquitted and sued for false arrest and malicious prosecution. A federal appeals court found that summary judgment for the defendants on these claims was premature when disputed questions of material fact remained regarding key aspects of the criminal investigation and subsequent prosecution.
He raised a question of material fact as to whether prosecutors and the grand jury were aware of the limited nature of the identification and the highly suggestive manner of the lineup in which he was the only suspect wearing a maroon sweatshirt. Dufort v. Lexis 2nd Cir. It was not objectively reasonable for police officers to believe that they had probable cause to arrest a man for obstruction when he stood in his own lighted doorway 30 to 40 feet away directing verbal criticism at the officers and telling them that his wife, who they were confronting in the driveway could not follow their instructions as she was disabled.
The officers were not entitled to qualified immunity on First and Fourth Amendment claims. Hoyland v. McMenomy,F. A federal appeals court upheld the rejection of qualified immunity for the officers, finding that the officers had not shown the existence of exigent circumstances justifying a warrantless entry.
When the husband closed the interior door to his home, telling the officers to return with a warrant, the situation was such that a reasonable officer, in the absence of exigent circumstances should have realized that breaking into the house with no warrant, as well as making an arrest inside, violated clearly established law. Morse v. Cloutier,F. A woman claimed that restaurant employees and the D.
A federal appeals court Adult want sex tonight Roxbury Massachusetts 2118 the dismissal of the intentional and negligent infliction of emotional distress claims and the negligence claims against a police officer and the District of Columbia, but held that allegations of the complaint sufficiently made out civil rights claims for false arrest and excessive force, as well as common law assault, false arrest, and false imprisonment against the same officer.
Hall v. District of Columbia,U. Lexis D. Officers responding to a call arrested a man at the scene of an alleged domestic assault. He sued for excessive force and unlawful arrest, claiming that the officers lacked arguable probable cause to arrest him for either domestic assault or obstruction of legal process and were not entitled to qualified immunity on the excessive force claim because he did not pose a threat to the safety of officers or others, did not commit a crime in their presence, was not resisting arrest, and that he began complying with the officers before they used force.
A federal appeals court upheld summary judgment for the officers on the basis of qualified immunity. It concluded that the officers had arguable probable cause to arrest for domestic assault as they heard a heated argument while outside the residence, upon entry they saw the victim crying on the couch while the arrestee was yelling and standing over her, and the arrestee did not immediately comply with orders to get on the ground.
Additionally, the force used was not excessive since a reasonable officer could have concluded that the arrestee was committing domestic assault, which threatened the safety of another person, and the fact that the arrestee was slow in lowering himself to the ground, as directed by the officers, indicated that he was passively resistant. Hosea v. City of St. Paul,U. A woman who was arrested for possession of methamphetamine claimed that the arresting officers lacked probable cause to arrest her.
Manning v. Cotton,U. After the charges were dropped, the plaintiff sued the officers, arguing that the arrest violated her First Amendment rights. Overturning wan judgment for the officers, a federal appeals court found that the record indicated the officers had no evidence before them when they decided to arrest the plaintiff that suggested that the "sexy cops" costumes had any purpose that could have watn outside the protection of the First Amendment.
To infer from the plaintiff and her friend's shared costumes and t performance alone an agreement to engage in a transaction subject to regulation impermissibly burdens the right to engage in purely expressive activity and association. The court held that something more than that constitutionally protected activity was required to justify the plaintiff's arrest. Viewing the plaintiff's activities separately from her friend's, the court held that summary judgment for the officers was improper because her actions were entirely protected speech.
Santopietro v. Howell,U. A woman shot and killed her husband in the shower, and four days later reported him missing. Both the wife and her sister were arrested. The sister spent 12 days in custody before her release, and sued, claiming that the arrest was not based on probable cause, but rather done to try to build a case against her. While her appeal of the dismissal of that lawsuit was pending, the sister was indicted and convicted in state court of hiding a corpse, harboring or aiding a felony, and resisting or obstructing an officer.
A federal appeals court Massachusets the dismissal. For purposes of qualified immunity, the court ruled, it would not have been plain to a reasonable officer that arresting and detaining the sister under the circumstances would have been unlawful under the Fourth Amendment. Ewell v. Toney,F. At the time, he was cooperating with officers and not resisting whatsoever, not even raising his voice.
Stephens v. DeGiovanni,F.
A motorist claimed that a state trooper unconstitutionally initiated a traffic stop and questioning, detainment, and arrest of him without reasonable suspicion or probable cause. The state trooper was entitled to qualified immunity from the claim that he lacked reasonable suspicion warranting a fifty-minute extension of a traffic stop while he summoned a drug dog that alerted to the plaintiff's pickup.
De La Rosa v. White,U. After a person was murdered and several others were shot, a man was arrested without a warrant, on suspicion of involvement in these crimes. He admitted to having a gun and could have, at a minimum, been charged with felony unlawful use of a gun by a felon.
But a prosecutor told the officers to delay charging him until lab came in establishing whether his gun had been used in the shootings and murder. After 55 hours in custody, he sued for alleged violation of his Fourth and Fourteenth Amendment rights because he was not provided with a judicial determination of probable cause within 48 hours.
The next day, a judge made a probable cause determination.
The plaintiff then sought class action certification that the city had a policy or practice authorizing officers to detain persons arrested without a warrant for up to 72 hours before permitting the arrestee to appear before a judge. Additionally, the offer of judgment accepted did Adullt exempt the class certification issue.
Wright v. Calumet City,U. A man Adult want sex tonight Roxbury Massachusetts 2118 was arrested while he was video recording a police station from a public sidewalk and refused to identify himself sued three officers and the city, claiming that the arrest violated his Fourth and First Amendment rights. He had been handcuffed and placed in the back of a patrol car, and released after a supervisor arrived. The appeals court ruled prospectively, however, that a First Amendment right Adilt record the police does exist, subject only to reasonable time, place, and manner restrictions.
Turner v. Driver,U. Because West Virginia police officers have authority to make arrests for minor traffic offenses, including the expired inspection sticker the plaintiff motorist had, his arrest was supported by probable cause even though the officer made the arrest for assault and obstruction rather than the expired sticker. As to his excessive force claim, the plaintiff suffered only abrasions minor enough that he tknight them at home and did not seek medical attention. An efficient, lawful arrest causing the arrestee to suffer only de minimis minimal injuries cannot support a claim for excessive force.
Pegg v. While working for a federal agency in D. The officer, claiming that the car struck his leg, called other officers. A second officer arrested him for assault on a police officer and assault with a deadly weapon, and the charges were subsequently dropped. A video of the incident showed aggressive driving by the plaintiff. The officers had probable cause to arrest Smith. Smith v. United States,F. Officers conducting surveillance for loud-music violation decided to stop a motorist driving by.
He turned into a parking lot, went into a store, and then returned to his truck. An officer heard the music coming from the truck as it pulled away, and he followed. When the motorist saw the officer following, he turned down his music. He was stopped for loud music and excessive speed. Other officers arrived and the motorist allegedly refused to get out of his truck when requested.
He claimed that he was yonight with a Taser, and arrested for obstruction of justice and resisting arrest. A federal appeals court upheld dismissal of the lawsuit, finding probable cause for the arrest. There was probable wsnt to stop a vehicle driver for speeding based on observations, even though the officers did not know the driver's exact speed, Tapley v. Chambers,F. A Memphis, Tenn. Because of that finding, the judge ruled that the practice or policy was unconstitutional under strict scrutiny, ening its enforcement.
A federal appeals court upheld this result, agreeing that strict scrutiny applied. The primary purpose of the sweep, the court said, was to impede travel. Cole v. City of Memphis,F. Gilani v. Matthews,F. Several plaintiff arrestees sued for false arrest after they were arrested for trespass at a party in an apartment. A federal appeals court overturned the dismissal of the claim, since there appeared to be a genuine issue of material fact as to whether the officers had probable cause to make an arrest for trespass.
There was no reasonable basis for their belief that the building in question was in the Formal Trespass Affidavit Program, under which the police department was the lawful custodian wannt certain property, and a "for-sale" on the building "belied abandonment. The City of New York,F. Officers were engaged in arresting a juvenile who was part of a group of juveniles running in the street after being released from school.
A woman motorist stopped her car and stood outside her vehicle videotaping the arrest. A struggle ensued and the woman was arrested. At a trial of her false arrest claim, the court allowed the defense attorney to present testimony that the plaintiff had been arrested three times before. The jury returned a verdict in favor of the officers on all claims. A federal appeals court ordered a new trial. The plaintiff's prior arrests were not relevant to her claim for damages 21188 this arrest, and any probative value of those arrests was far outweighed by prejudice to the plaintiff, in violation of Federal Rule of Evidence b.
The trial court did not determine whether the prior arrests involved conduct remotely similar to the arrest in this case, and the defense counsel's questioning revealed that the evidence was admitted for purposes of credibility, propensity, and character of the arrestee. Baltimore City Police Department,F. Customs and Border Protection agents in Louisiana boarded a Greyhound bus and performed a routine check of passengers' immigration status.
A Mongolian citizen in the U. He was therefore arrested when the agents were unable to verify his status, pursuant to the agecy's policy requiring detention under these circumstances. He sued the U. The claim was rejected under the discretionary function exception to the Federal Tort Claims Act. The court concluded that an investigation into a perso's immigratio status is considered discretionary when that investigation culminates in a detainment mandated by an agency Rixbury.
Tsolmon v. When two deputies were escorting his ex-girlfriend into his home to remove her personal belongings, they allegedly saw a firearm in plain view, resulting in his arrest. He sued for unlawful search and seizure, but a federal appeals court held that the deputies were entitled to qualified immunity, as it was not clearly established that their entry into the residence's sunroom under these circumstances of the case would violate his rights. They were also entitled to esx immunity for alleged unlawful entry swx the home from the sunroom when the plaintiff consented to that entry.
The seizure of the firearm was lawful under the plain view doctrine.
This gave them at least arguable probable cause for the arrest. Fish v. Brown,U. Lexis26 Fla. Weekly Fed. C 11th Cir. An officer, standing by his patrol car after 2 a.
He activated his flashing lights and went in pursuit. He subsequently arrested the driver for public intoxication. Another individual walking by refused to answer whether he had been in the pickup truck, obey orders, or produce identification, and challenged what the officer was doing. He was himself arrested. A federal appeals court upheld an award of qualified immunity to Massadhusetts defendant officer on a false arrest claim by this arrestee.
At the time of the arrest, the officer could have reasonably believed that the plaintiff was interfering with his investigative detention of the driver. A prior Massahusetts of a Wyoming state statute suggested that speech alone might rise to the level of interference with a police officer in the performance of his official duties. Culver v. Armstrong,U. Lexis 10th Cir. Adult want sex tonight Roxbury Massachusetts 2118 smelled the odor of marijuana coming from a woman's home and arrested her, charging her with two counts of child endangerment.
She had refused to allow them to search inside her residence and she claimed that they violated her Fourth Amendment rights by entering her carport and approaching the back door of her home. The trial court in the criminal case agreed and granted the plaintiff's motion to suppress the evidence, after which the charges were dropped. She then sued for false arrest without waant cause. A federal appeals court upheld summary judgment for the defendant officers. ing at least four other federal appeals circuits, the Ninth Circuit took the position that the exclusionary rule does not apply in Sec.
It rejected the plaintiff's position that the officer's unlawful entry into the curtilage of her home necessarily tainted the following arrest. The plaintiff alleged no reason to doubt that the officers actually smelled what they believed to be marijuana, that children were present in the home, and that the plaintiff did not have medical marijuana privileges, which provided the officers with probable cause to arrest.
Lingo v. City of Salem,U. A man was a victim of a home invasion during which a burglar punched him and locked him in a closet, after which a second burglar entered. Police later arrested a suspect who was later acquitted and sued for false arrest. A federal appeals court upheld summary judgment for the arresting officers, finding that there was probable cause for the arrest at the time it occurred. The victim identified the plaintiff as one of the burglars in a photo array, a neighbor identified the plaintiff as someone seen loitering outside the home at the time of the burglary, and the plaintiff's own son told police that his Roxbyry had recently committed some burglaries.
The plaintiff provided no evidence for his claim that the photo array was conducted improperly and a search of his home had been authorized by a warrant. Jackson v. City of Peoria,U. A man claimed that officers violated his rights when they arrested him without a warrant three times for interfering with them during police interaction with others. The defendant officers were entitled to summary judgment under the independent intermediary doctrine because a grand jury found the arrests supported by probable cause.
The plaintiff had the tonigyt of affirmatively showing that the grand jury proceedings were tainted, and failed to do so. Buehler v. A sheriff's lieutenant arrested the new owners agents at his foreclosed home. A federal appeals court held that a jury could reasonably conclude on the record that the lieutenant was not a tenant at sufferance after the finalized foreclosure and that he, and not the plaintiffs, was the intruder at the property.
The lieutenant lacked even arguable probable cause for the 218. Carter v. Filbeck,U. False arrest claims were properly rejected where, when the officers first viewed some photographs, they were justified in concluding that they qualified as unlawful child pornography.
The court also properly found that the force used by named officers during the arrest was reasonable under the circumstances, as they had to push him along because he lightly resisted. The force they used caused him no injury, but the trial court erred in finding as matter of law that named officers lacked a realistic opportunity to intervene in an alleged assault on the plaintiff by an unidentified officer.
Figueroa v. Mazza,U. A man traveled to another city to assist African-American youth. Another man, who was a local resident, offered him accommodations at what he represented as his house, giving him a garage door opener. The local resident, however, was only a squatter in the house, with no legal right to be there. The true property owner arrived while the out of town visitor was there, and summoned police, asking that they arrest him for trespass.
When police arrived, they found literature referring to Moorish Science, belonging to the visitor. The officer claimed that they routinely make arrests based on trespass complaints, while the arrestee asserted that they remarked on his status as a Moor and congratulated themselves on detaining a member of that sect.
He claimed, in his lawsuit, that the officers would not hsve arrested a Christian or an atheist under the circumstances. The trial court believed that the law was clearly established that an officer may not arrest someone believed to hold certain religious beliefs if they would not arrest those of other religions in similar circumstances.
But the court had doubt about what a reasonable jury would infer about why the arrest was made.
As the denial was based Roxbuyr disputed facts rather than an issue law, the federal appeals court dismissed the officer's appeal on the basis of lack of jurisdiction. Nettles-Bey v. Williams,U. A man engaged in street preaching was arrested in several incidents while carrying a shofar, a trumpet-like instrument made from a ram's horn. He was arrested for possessing the shofar, which officers contended violated an ordinance specifying the dimensions of s and objects that could be carried during street demonstrations.
The shofar was 37 inches long and 6 inches wide. The ordinance stated that "All objects which are generally rectangular in shape shall not exceed one-fourth inch in thickness and two inches in width," and "All objects which are not generally rectangular in shape shall not exceed three-quarters inch in their thickest dimension.
They did not violate the Fourth Amendment, as possession of the shofar provided a reasonable basis for his detention, quite apart from disputed factual issues as to whether or not he complied with officers' orders or stepped into the roadway. The officers also did not violate the plaintiff's First Amendment rights, and it was clear that they did not know of the religious ificance of the shofar.
Allen v. Cisneros,U. Two African-American men and four female friends, some of whom were Caucasian, walked past a police precinct while leaving an entertainment district where they had spent the evening drinking. Off-duty officers, including an African-American man, congregated in a nearby parking lot and were drinking. The African-American officer approached the group passing by and told them to move Roxbkry, and referred to some of the females in the AAdult as "snow bunnies," intended as a racial slur.
One of Massachuestts men questioned who the officer was. The officer allegedly said, "I'll show you who I am," and attacked the man. Other off-duty officers then ed in punching and kicking, and shouted "stop resisting arrest. Charges of resisting, public intoxication, and disorderly conduct were dismissed. Qualified immunity was denied to the off-duty African-American officer, as a jury could reasonably find that his conduct violated the arrestees' rights. McDonald v.
Flake,U. Lexis 6th Cir. A motorist claimed that four police officers in two eant cars pulled him over as he drove home, pointed a gun at his Mxssachusetts, threatened to kill him, handcuffed him, and engaged in a search of his car, sll without apparent reason. While the officers said they had no memory of the incident, a computer in one of their cars confirmed that they ran the driver's name through a law enforcement database at the alleged time of the stop, but found nothing that would have justified stopping and searching his car.
After a jury returned a verdict for the defendant officers in a federal civil rights lawsuit, a federal appeals court ordered a new trial. The court held that the trial judge should not have admitted information about the plaintiff's prior arrest record into evidence, nor allowed the defendants' attorney to cross-examine the plaintiff about other, unrelated lawsuits he had pursued against the city, in a manner deed to undermine his credibility by depicting him as a chronic litigator. It was also erroneous to let one of the officers testify generally about when it might be justified to use handcuffs Robxury firearms during a traffic stop.
Roxbyry errors were not harmless. Nelson v. City of Chicago,U. A man who engaged in filming airport security procedures and was wqnt there on suspicion of disorderly conduct was arrested for concealing his identity from tonigbt by declining to show identification. He sued, claiming that he was arrested without probable cause and in retaliation for engaging in protected speech in violation of the First Amendment.
A federal appeals court found that the defendant officers and Transportation Security Administration agents were entitled to qualified immunity, since a reasonable officer could have believed that he violated state law by not showing identification during an investigatory stop, and could also reasonably believe that they had probable cause to arrest him when he filmed at an airport security checkpoint.
Additionally, at the time of the arrest, it was not clearly established that unlawful retaliation claims could arise from arrests supported by probable cause. Mocek v. City of Albuquerque,U. An officer carried out a traffic stop of a motorist who failed to use his turn al before changing lanes. The driver did not cooperate with the officer and his partner, disregarding instructions, leading to a physical confrontation.
A sergeant also arrived on the scene. The first officer placed the driver under arrest for resisting, but the charges were dismissed at court. In a lawsuit alleging false arrest and excessive force, a federal appeals court upheld summary judgment for the defendant officers, relying on a dashcam video of the incident and rejecting the argument that there were material issues of fact relating to the plaintiff's claims.
Williams v. Brooks,U. Lexis 68 7th Cir. A man going through a TSA checkpoint at an airport was carrying medication with him that a TSA agent selected for testing. The man objected, worried that the testing would contaminate the medicine. A discussion about the sterility and toxicity of the sampling strip ensued and the incident ended with the man's arrest. He sued the TSA agent and a city police officer, claiming that the arrest was made without probable cause and that the two conspired to fabricate grounds for the arrest.
It appeared to the officer, the court found, that the plaintiff at one point rolled his bag towards the TSA agent and hit him, providing arguable probable cause for the arrest and entitling Adult want sex tonight Roxbury Massachusetts 2118 to qualified immunity. Claims against the agent were also rejected for failure to state a claim. Shimomura v.
Carlson,U. Members of the "Occupy Movement" sued, claiming that their arrests violated their constitutiobal rights under the Fourth and First Amendments. A federal appeals court held Roxgury the officers had probable cause for the arrests as the plaintiffs clearly set up a tent as defined by the regulation on public land without authorization. Qualified immunity protected the officers from liability on the plaintiffs' claim that they were arrested in retaliation for their protests in violation of the First Amendment, as such arrests based on probable cause did not violate clearly established law.
Dukore v. District of Columbia,F. A former police officer sued over an off-duty incident in which, after several persons attacked him, other officers allegedly falsely arrested him, detained him for five days, and denied him access to medical care for his three broken ribs. While the criminal charges against him were dropped, the police department allegedly held an administrative hearing and fired him because of the wanr. His prior lawyer in the civil lawsuit filed a stipulation with tlnight court dismissing most of his claims.
The plaintiff, proceeding pro se, asked the court to reopen the case because the stipulation was purportedly filed without his knowledge. A federal appeals court, vacating the Roxbiry court's refusal to reopen the Massachusettx, held that there was a factual dispute over the prior attorney's authority to stipulate to the dismissal of the claims, making it necessary to hold an evidentiary hearing on the issue. The trial court had relied on the proposition that parties are deemed bound by the acts of their lawyers.
An arrestee sued for false arrest in violation of his federal civil rights. Further, such obstruction requires a physical or independently unlawful action. A new trial was therefore ordered. Uzoukwu v. Krawiecki,U. A couple and their three children, driving home from a family outing, were stopped by two deputies one female and one male. The female deputy initiated the stop because she mistakenly believed that the vehicle was stolen.
A federal appeals court ruled that the plaintiffs were entitled to summary judgment on a false arrest claim against the female deputy because the arrest, which was without probable cause, was the result of her unreasonable conduct. Ordering the family out of their vehicle, purportedly at gunpoint, requiring them to lie on the ground, Massachusetts four family members, and putting them in separate law enforcement vehicles amounted to an arrest, rather than an investigative detention.
Acult male deputy in the incident was entitled to qualified immunity on the false arrest claim as he could rely on information conveyed to him by the female deputy, which he did not know was mistaken. Because of disputed issues of material fact on an excessive force claim, neither the two deputies nor the plaintiffs were entitled to summary judgment on that claim.
The disputed issues included whether the deputies pointed loaded guns at the family and how a nine-year-old child was treated during the incident. Maresca v. County of Bernalillo,U. The plaintiff, a U.
Six Unknown Named Agents of Fed. Bureau of Narcotics, claiming that FBI agents detained, interrogated, and tortured him over the course of four months in three countries in Africa. Upholding the dismissal of the lawsuit, the federal appeals court stated that when the actions occurred during a terrorism investigation, "special factors" required hesitation in allowing a Bivens lawsuit for money damages.
Bivens actions are usually not favored in cases involving the military, national security, or intelligence gathering. Further, the U. Meshal v. Higgenbotham,U. In the course of investigating a reported disturbance in an apartment building parking lot, an officer knocked on an apartment door where it was possible the people involved in the disturbance had gone.
The man who answered the door denied any involvement in the earlier dispute and declined to identify himself. The officer reached inside the apartment, handcuffed the man, and arrested him on the basis of his refusal to provide biographical information or identity. A federal appeals court held that in the absence of exigent circumstances, an officer could not lawfully conduct the equivalent Mqssachusetts a Terry investigative Massahusetts inside a man's residence. But in this case, since the law on that subject was not clearly established, the officer was entitled to qualified immunity on an unlawful arrest claim.
Moore v. Pederson,U.
A man told an officer that while he was sleeping his neighbor had entered his home, possibly by prying open a bathroom window, grabbed and threatened him, and put his hand down the front of his pants. When the officer questioned the neighbor, he allegedly said, without prompting, that he had not entered the man's bathroom or gotten into his pants. The neighbor later denied having made these statements. The complainant identified the neighbor as the man who had assaulted him.
The officer arrested the neighbor on a variety of charges and he was later acquitted. A federal appeals court found that the officer had probable cause for the arrest and that the officer abd the city were both immune from Indiana state law malicious prosecution claims. A federal malicious prosecution claim could not go forward as the plaintiff did not allege a separate constitutional injury or show that the officer lacked probable cause or acted with malice.
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