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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 nevadx law at the time of t he arrest. In this case, probable cause existed to arrest the plaintiff after she instructed her child to physically disobey the officer and the child complied. The deputy had legal authority to place the child in protective custody. Voss v. Goode,F. A reporter for a local news organization heard on a police scanner of multiple traffic stops in a specific area.

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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 for 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 policy.

Tsolmon v. There was an injunction prohibiting a man from possessing a firearm. 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 qualified immunity for alleged unlawful entry into 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 the defendant officer on a false arrest claim by this arrestee.

At the time of the arrest, the officer could have reasonably believed that the nevadda was interfering with his investigative detention of the driver. A prior interpretation 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 Fucm.

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Officers smelled the odor of marijuana coming from a woman's home and arrested her, charging her with two counts of child endangerment. Vhat had refused to allow them to search phobe 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 probable cause. A federal appeals court upheld summary judgment for the defendant officers. ing at least four other nevadz appeals circuits, the Ninth Circuit took the position that the exclusionary rule does not apply in Sec. It rejected lhone plaintiff's position that the officer's unlawful entry into the curtilage of her home necessarily phoe 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. Nsvada of Salem,U. A man was a victim of a home invasion fhat 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 nevzda plaintiff as someone seen loitering outside the home jevada the time of nevad burglary, and the plaintiff's own son told police that his father 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 fick. 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 fudk by probable cause.

The plaintiff had the burden 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 neada 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 arrests. Carter v. Filbeck,U. Lexis 11th Cir. False arrest claims were properly rejected where, when the officers first viewed some photographs, they rsno 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 nevadaa, asking that they arrest him for trespass. Ren 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, deno 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 teno 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 on 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 hevada 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 Nevaad 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 vhat told them to move along, and referred to some of the females in the group as "snow bunnies," intended as a racial slur.

One of the 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 squad cars pulled him over as he drove home, pointed a gun at his face, 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 and firearms during a traffic stop. These errors were not harmless. Nelson v. City of Chicago,U. A man who engaged in filming airport security procedures and was questioned there on suspicion of disorderly conduct was arrested for concealing his identity from officers 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 him to qualified immunity.

Claims against the agent were also rejected for failure to state a claim. Shimomura v. Carlson,U.

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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 that 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 fyck 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 chta him because of the incident. His prior lawyer in the civil lawsuit filed a stipulation with the 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 guck. A federal appeals court, vacating the trial court's refusal to reopen the case, 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.

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Gomez v. 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 nrvada 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, handcuffing four family members, and putting them in separate law enforcement vehicles amounted to an arrest, rather than an investigative detention. The 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 phobe 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, nevadz 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.

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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 of a Terry investigative stop 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.

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A man told an officer that while he was sleeping his neighbor had entered his home, possibly by prying open a feno 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 fkck 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.

Howlett v. Hack,F. A motorist claimed that he was arrested for marijuana possession without probable cause when an officer found two leaves in his car during a consensual search during a traffic stop. Charges were later dropped when a crime lab found that the ufck did not contain detectible amounts of Tetrahydrocannabinol THCthe active ingredient in marijuana. The officer, although ultimately mistaken, was entitled to qualified immunity on a false arrest claim, as a reasonable chaf could believe that the leaves found were marijuana, giving him probable cause.

New v. Denver,F. A claim for unlawful warrantless arrest survived summary judgment, a federal appeals court ruled, because the plaintiffs, a female high school student and her family, provided sufficient evidence to create a genuine dispute over nevad or not, during fucm incident at school, the student had reached for an officer's gun and whether fcuk officer knew that the student closed a gate, barring entrance to a school hallway. The court rejected the excessive force claim against the officer.

Even if his shove of the student was unnecessary, it was not unreasonable, and the officer's pulling of the student's arm was not a Fourth Amendment violation because fukc student was then trying to escape arrest, and the officer had a right to prevent her from doing so. Fernandez-Salicrup v. Negada,U. Lexis 1st Cir.

The plaintiffs, who were illegal aliens, sought to pursue Bivens civil rights claims against federal border patrol agents who allegedly illegally stopped and arrested them. A federal appeals court, noting that it had not ly extended Bivens civil rights actions to include renp arising from civil immigration apprehensions and detentions, other than those involving excessive force, declined to do so.

It further found that the comprehensive rules and remedies found in immigration statutes and regulations precluded "crafting" an implied damages remedy. Allowing claims for damages in this context, which were likely to be minimal, would be unlikely to provide ificant additional deterrence to illegal acts, and the court also noted that there were serious separation of powers issues that would be implicated in trying to do so.

De La Paz v.

Coy,U. Three officers were chatt for ther involvement in the warrantless arrest of a vehicle passenger for possession of cocaine and drug paraphernalia, charges which were later dropped. A federal appeals court held that summary judgment on rrno basis of qualified immunty was proper on a false arrest claim, as the officers had probable cause for the arrest because one officer saw the plaintiff throw a crack pipe out of his car window.

Two of the arresting officers, however, were not entitled to qualified immunity because they allegedly delayed seeking medical care when the passenger was shot in the genitals, acting with deliberate indifference and reporting his injury as a "laceration. Valderrama v. Rousseau,U. A high school nevasa was detained for 23 days while police investigated a schoolyard fight that caused the death of another student.

A video of the fight showed a male student who punched the victim as he tried to stand up, and the plaintiff was identified as one of two assailants by an officer ased to the school, by another student, and by two school staff members, who all viewed the video. Charges initially made against the plaintiff were ultimately dropped when it was established that he was not involved in the incident.

A federal appeals court upheld summary judgment for the defendant officers, finding that they had probable cause to make the arrest on the basis of the identifications by those who viewed the video, so there was no false arrest. As to the length of the detention, it was not excessive or unreasonable, as there was no indication that any of the defendants imposed a deelay for improper motives such as punishing the plaintiff or "drumming up" evidence merely to justify his arrest.

Bailey v. City of Chicago,F. A group of advocates for homeless peopl were threatened with arrest and then arrested for loud chanting to protest an organized walk by elected officials and their supporters through a skid row area.

They were charged under a state statute under which "willfully disturb or break up any assembly or meeting that is not unlawful in its character" other than a political meeting, is a misdemeanor. A federal appals court found that, while the statute in question was not facially unconstitutional, it was unconstitutional as applied to the plaintiff's behavior, or political meetings as occurred here.

The statute was improperly applied in this case to a group's protest of a meeting of public officials and members of the public to discuss conditions in the skid row area. As to public meetings in which feno assemble to consider "public questions," arrests of protestors are only allowable if a protestor engages in "threats, intimidations, or unlawful violence," not for non-violent political protest.

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City of Los Angeles,F. Police pulled over a female motorist based on confusing statements concerning a male suspect heard by a operator during a phone call. The woman claimed that the officers ordered her fucck of her car at gunpoint, threw her on the ground, handcuffed her, and detained her for approximately ten minutes.

The male suspect was not in the car. A federal appeals court upheld a denial of qualified immunity to the officers. If the woman's version of the incident were true, the officers used excessive force against her despite the fact that she was clearly afraid and was completely cooperating with their orders. While there had been reasonable suspicion to make the stop, if the plaintiff's version of events were true, the incident turned into an unlawful arrest when the officers continued after determining that she was a woman alone in the car.

Brown v. Lewis,U. LewisFed. Police arrested a man and jailed him for over 50 hours when they nvada thought he was a serial ank robber. A federal appeals court ruled that the trial court then erroneously interpreted a motion to lift the stay and amend his complaint in the lawsuit against the city as nevava waiver of all but two of his several policy-or-practice claims against the city, and also improperly dismissed that lawsuit after erroneously treating the city's certification that it would indemnify the officers as an offer under Fed.

The lawsuit against the city was reinstated and the plaintiff was entitled to amend his complaint within 21 days after the city filed a responsive pleading after the stay was lifted. Swanigan v. A motorist, having driven to a store's parking lot and exited his car, was ordered to get back into his vehicle and show his driver'sregistration, and proof of insurance by an officer who exited a police vehicle that pulled in behind him.

He was arrested for refusing to comply, and subsequently pled guilty to driving on a suspended or revoked. He argued in a lawsuit that the officer had no basis for ordering him to reenter his vehicle and that the order to do so constituted an unreasonable seizure. The federal appeals court rejected a lower court ruling that the lawsuit was barred by the conviction because a judgment in the plaintiff's favor would imply that the conviction was invalid.

Because the plaintiff had pled guilty, a finding of illegal seizure would have no pone to the validity of the plea and subsequent sentence. Rollins v. Willett,F. A man at a legal casino presented what appeared to be an altered driver's while trying to collect a slot machine jackpot. He was briefly handcuffed, detained, pjone turned over to police. Each of these actions by an Illinois Gaming Board agent were carried out in the exercise of his statutory duties arising from his state employment, so he was entitled to sovereign immunity on false imprisonment and intentional infliction of emotional distress state law claims.

Even if he acted without probable cause, he did not act beyond the scope of his authority. The intermediate Illinois appeals court upheld a jury verdict in favor of the casino and casino security supervisor on a false imprisonment claim. Grainger v. Officers arrested everyone at a party at a residence for unlawful entry, based on the fact that the host had not finalized a rental agreement to live there, and therefore had no right to hold a party there.

A federal appeals court ruled that there was no probable cause for the arrest in light of the undisputed fact that at the time of the arrests phkne officers knew that the guests had been invited there by a woman they reasonably believed to be a lawful resident. There also was no probable cause for a disorderly conduct arrest, as there was no evidence of any disturbance of sufficient magnitude to violate local law. Because a supervising sergeant on the scene overstepped clear law by directing that the arrests be made, the District of Columbia was liable for negligent supervision.

Wesby v. A mass arrest of Occupy Wall Street demonstrators was made after they walked onto a bridge roadway. The arrestees claimed that this violated their First, Fourth, and Fourteenth Amendment rights. The officers were not entitled to qualified immunity. The plaintiffs alleged that the officers directed their activity along the route that led to them entering the bridge. If the facts were as alleged, no reasonable officer could have believed that the warning to clear the roadway was sufficiently audible for the crowd to hear it.

Further, the chatt alleged that the officers had retreated onto the bridge in a manner that could be reasonably understood to constitute a continuation of the officers' earlier practice of allowing the demonstrators to proceed in violation of traffic laws. Garcia v. Does,U. Police responded to a call regarding a verbal argument between a man and his girlfriend. The man had locked the woman out, with her keys inside the apartment, but no physical attack had occurred.

The man did not want to talk to the officers. One of them prevented him from closing nrvada door, entered his home, and refused to leave. The man called his attorney and did not comply with a demand that he get off the phone. An officer told him that he was under arrest, and two officers each grabbed one of his wrists, resulting in a struggle cgat the floor.

The officers lacked consent, a warrant, or exigent circumstances to enter the home, and they lacked probable cause to arrest him for theft of his girlfriend's keys. There was, however, a disputed issue of fact as chaf whether the officers had probable cause to arrest the plaintiff for disorderly conduct, as the arrestee denied that he had yelled at the officers. Hawkins v.

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Mitchell,U. An officer had at least arguable probable cause to arrest a man for trespass for refusal to leave a bus stop after he was observed waiting there without getting on any bus, so the officer was entitled to nevzda immunity. While the plaintiff described being pepper sprayed as painful, there was insufficient evidence of more than "de minimus" minimal injury, so the officer was entitled to qualified immunity on an excessive force claim.

The officer was not entitled, however, to qualified immunity on a retaliatory use of force claim, as he argued that the pepper spray had been used in retaliation for his protected First Amendment speech of asking for the officer's badge. Peterson v. Pohne,F. They claimed that incriminating statements they had made had been coerced. They were convicted in and incarcerated, but DNA and other evidence later teno that the beating and rape had not been committed by the five black and Hispanic teenagers, who were ages 14 to 16 at the time of the crime, but by another person, a convicted rapist and murderer who stated in a confession that he acted alone.

McRay v. City of New York, cv, U. Worried that a tractor-trailer stopped on the shoulder of a highway ramp posed a safety hazard, a state trooper approached and observed that the engine was running with no one visible in the cab. Knocking on the door caused the driver to emerge from the sleeper area of the cab. His breath smelled of alcohol, his eyes appeared red and glassy, his speech was slurred and he admitted having consumed a "couple" of "small pitchers" of beer at a truck stop an hour before.

He could not explain why he stopped on the ramp to sleep rather than going mevada a rest stop to feet away. After he failed two sobriety tests, and almost lost his balance, he was arrested, and a breathalyzer recorded a. A jury acquitted him after a state court found probable cause for the arrest. A federal appeals court found that the state court finding of probable cause in the criminal proceeding did not preclude a federal civil rights lawsuit for false arrest. Ohio, in its state law, did not give trial courts the final word on probable cause, and the plaintiff had not had an opportunity to appeal the probable cause issue since he was acquitted.

Bradley v. Reno,U. LexisFed App. A man sued Chicago police kx arrested him on drug possession charges, as well as solicitation of an unlawful act. After he spent 19 days in jail, the charges were dismissed for want of probable cause. The plaintiff and the officers had differing s of the events that led to his arrest, which did involve someone in the vicinity shouting "rocks," referring to drugs.

In a false arrest, malicious prosecution, and illegal search lawsuit, a jury returned a verdict for the defendant officers. A federal appeals court upheld the jury verdict. Altamirano,U.

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Officers were not entitled to qualified immunity for making a warrantless arrest of a woman who was nursing her baby in her home and leading her out of her home based on an invalid recalled arrest warrant for failing to appear in court to contest a simple traffic violation. Following a strip search and a body cavity search, she was held in jail overnight, which was the first time she had been separated from her infant. A federal pone court found that no reasonable officer could actually believe that the warrantless arrest was lawful under the alleged facts.

Bechman v. Magill,F. A caht pulled a female motorist over for an expired vehicle registration sticker, and the vhat on the sticker was different than that in the Secretary of State's records, so she was let go. The deputy was later notified that the sticker was stolen, a felony offense, and went to the woman's home to arrest her, being met there by a second deputy. The woman's boyfriend, who owned the house, answered the door and refused to let the deputies enter without a warrant.

The deputies said that they smelled an odor of burning marijuana from inside the home, and they attempted to enter, which the boyfriend resisted. He was found with a half-burnt marijuana t and was charged with resisting or obstructing an officer, a charge that was later dismissed. The trial court held that the officers were not entitled to qualified immunity on false arrest and excessive force claims, as there had been no exigency justifying a warrantless entry, which violated a clearly established right.

A federal appeals court reversed, stating nfvada there was "fractured" caselaw on whether detecting the smell of marijuana justified a warrantless entry, ruck that it was not clearly established at the time of the incident that a warrantless entry was not justified. White v. Stanley,U. An officer had probable cause to arrest a woman for violating a state open-container law even though the flask found under her car seat proved to be empty. At the time, she was a passenger in her husband's car after midnight, and he was being arrested under a warrant.

The officer's actions were reasonable in light of the time of day, deno woman's non-cooperative attitude, and her repeatedly asking to urinate. Because the officer's actions did not demonstrate either plain incompetence or a knowing violation of the law, he was entitled to qualified immunity. Branch v. Gorman,U. If an arrested hunter's version of events were true that he had not yelled or spoken in a confrontational manner to a game wardenthen a brief unintentional touching did not provide probable cause or even arguable probable cause for an arrest.

The game warden was therefore not entitled to qualified immunity on the false arrest claim. He was, however, entitled to qualified nevqda on the plaintiff's claim that the handcuffs were too tight, causing him injuries and later contributing to his development of carpal tunnel syndrome. Rooni v. Biser,U. Officers had probable cause to stop and arrest a motorist for speeding based on their radar gun's readings despite his challenge to their arrest of him for DUI.

Additionally, as his blood alcohol reading was over the legal limit despite his claim that he had only one beer. The officers were entitled to summary judgment on a false arrest claim when the plaintiff presented no evidence cyat any inaccuracy in the radar nfvada. Jones v. City of Elkhart,U. A federal district court is allowing an "Occupy D. Based on the facts alleged, no reasonable officer could have believed that there was probable cause for an arrest for disorderly conduct.

The words spoken did not risk provoking violence. All he did was make the remark, addressed to no one in particular, "Ah, this fucking bullshit" when observing several people carrying pro-Tea Party s entering a federal park. The Tea Party people did not respond, but U. Park police arrested him. Patterson v. There was ample evidence to support a jury's verdict in favor of four officers involved in the search and seizure and arrest of the plaintiff on drug charges.

The officers observed what appeared to be open drug sales of crack cocaine in a lot involving four men and a juvenile with passersby attracted into a lot by yells of "rocks, rocks," referring to cocaine. There was probable cause for the search, seizure and arrest, so there could be no liability despite the fact that the plaintiff was later acquitted. The plaintiff's argument that one officer arranged to have three others him in fabricating a drug bust to bolster the possibility that he would be ased to the narcotics squad was characterized as "far fetched.

May,F. A deputy stopped a car that belonged to an ammunition salesman. The motorist stated that he had ammunition, a. The deputy asked to be shown the weapons, and, once he was, arrested the motorist for violating a state weapons statute. The deputy was not entitled to qualified immunity on nevda false arrest claim, since, under applicable Arkansas state law, he reasonably should have known that an arrest for violation of the statute at issue required a showing that a person had a purpose "to employ the handgun, knife, or club as a weapon against a person.

Stoner v. Watlingten,U. An officer who was working off-duty, but in full uniform, asked a woman to move her car from the parking lot of a bar before it was towed. The woman reacted by cursing and "speaking loudly. There is no right to arrest people exercising their right to free speech, even in a loud manner, and the officer himself admitted that the woman had used no language that was insulting or degrading, only saying "hell" and "damn," and not even directing those words at him.

A sergeant who was not even on the scene, however, was granted qualified immunity for lack of personal involvement there, and only relied on the arresting officer as to there having been grounds for an arrest. Wilkerson v. Seymour,U. Lexis11th Cir. Phine police officer was not entitled nwvada qualified immunity from a claim that he violated the Fourth Amendment by arresting a man in his home without a warrant.

At the time the plaintiff tried to close the door on the officer, he was standing in his home, so that a reasonable officer should have known that he could not be pulled out and placed under arrest in the absence of a warrant or exigent circumstances. The appeals court lacked jurisdiction to consider the plaintiff's cross appeal objecting to the trial rwno grant of qualified immunity to two other defendants when the court had not issued a final order.

Mitchell v. Shearrer,U. A man was arrested for a suspected drug offense based on information from a confidential informant. At the police station, he was subjected to a visual body cavity search, which uncovered drugs. The man's conviction was overturned, with the search ruled illegal. Gonzalez v. City of Schenectady,U. A federal appeals court overturned a grant of qualified immunity to an officer who used a Taser in the dart mode against a man and threatened to also use it on his wife.

The Taser was used on the man, a passive bystander, who allegedly failed to immediately comply with an order to go away from the location where his neighbor was being arrested. If the facts were as the plaintiffs alleged, the man's accused offense was minor, and his actions, chst from the officers, and demeanor did not provide a reason to believe that he posed a threat to anyone's safety. Inthe time of the incident, it was well known that the firing of a Taser dart was more than trivial force and would be unconstitutional if deployed against a passive bystander.

The court also alleged municipal liability claims to continue as phhone was an issue of fact as to whether an alleged city policy allowing officers to use Tasers against a non-threatening suspect caused an unconstitutional use of force. There was also a factual issue as to whether there had been probable cause to arrest the male plaintiff for obstructing an officer. Gravelet-Blondin v.

Shelton,U. A year-old boy claimed that police arrested him without probable cause for disorderly conduct when he was standing outside a building waiting for his mother, not doing anything illegal. He further claimed that an officer later used excessive force by shoving him into a holding cell, causing him to hit his head on a hard surface. The officers claimed that he was drinking and fell because he was intoxicated.

The jury returned a verdict for the defendant officers. Reversing for a new trial, a federal appeals court held that the defendants were improperly allowed to cross examine the plaintiff about a subsequent unrelated underage drinking arrest to try to convince the jury that he had been intoxicated at the time of his first arrest.

They were also improperly allowed to question him about a subsequent conviction for possession of a stolen vehicle. The improper k was not harmless, since it could not be said that it did not substantially sway the jury. Barber v. No convictions were obtained on any of the charges. The plaintiffs claimed that one family member, a boy who was 17 years old at the time of the incident, subsequently developed a mental illness as a result of the beating and an alleged threat by one officer to kill him if he didn't leave town.

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They claimed that he now requires 24 hours a day supervision. Ramos v. When he got there, an officer allegedly exit the van, knocked the cell phone and video camera out of his hands, told him to turn around, and handcuffed him, after which two officers started to beat him. A chokehold was allegedly used on him, and he was pushed into a police van without warning, causing him to fall and strike his face against the floor. The trial court found that the officers were entitled to qualified immunity on an excessive force claim because, at the time of the incidentit was not clearly established in the 8th Circuit that an officer violates the rights of an arrestee by applying force that causes only "de minimis" minimal injuries.

Here, the arrestee's contusions and swelling were injuries classified as de minimis. The officers were not, however, entitled to qualified immunity on an unlawful arrest claim since, under the plaintiff's version of the incident, he was not trespassing or obstructing the sidewalk, and no reasonable officers could have concluded that he was committing those crimes. Robinson v. City of Minneapolis,U. A woman claimed that officers arrested her on false charges and subsequently conspired together with other officers to prevent her from filing a lawsuit for false arrest.

There was strong evidence that two officers conspired with the arresting officers to conceal facts that could be the basis of a legal claim for false arrest and detention, so they were not entitled to qualified immunity. The woman was arrested by an officer who stopped by her own home to obtain her medicine and who was upset that the woman, her son's girlfriend, was present in the son's bedroom. When she was unable to get a ride to leave, she was arrested for trespassing.

Among other things, the female officer's name was allegedly later removed from an incident report as she was on limited administrative duty at the time, without authority to participate in an arrest. Board of Police Commissioners,U. When officers saw a man carrying a holstered gun on his hip in public, they handcuffed and detained him for approximately 90 minutes while trying to determine the validity of a carrying he presented, one issued mostly to security officers and private detectives that they were not familiar with.

He was released when they did confirm the was valid. The federal appeals court found that the officers were entitled to qualified immunity on an unlawful arrest claim. Even had they known about the type of presented, it would have been reasonable under the circumstances to detain the plaintiff until they could confirm its validity. While the length of the detention may have been unfortunate, that was attributed to the government's failure to have an efficient verification system.

One of the officers, however, was not entitled to qualified immunity on a claim that a preexisting medical condition was worsened by the handcuffs being too tight. Rabin v. Flynn,U. A man was stopped while walking away from his brother's home after an argument. He was arrested after he was identified from a photographic lineup by a kidnapping victim.

He was charged with kidnapping and subsequently indicted by a grand jury, and spent seventeen months in custody awaiting trial before the charges were dropped because the complaining witness was unavailable, possibly having moved to Germany. The New Hampshire Supreme Court found that the grand jury indictment did not entitle the law enforcement defendants in a false imprisonment lawsuit to statutory or official immunity because the finding of probable cause for prosecution by the grand jury did not establish that his arrest was supported by probable cause or that his arrest was not made in a wanton or reckless manner.

The court found that it could be concluded that there was no probable cause to arrest as a result of inconsistencies in the kidnap victim's description and photographic identification, and the actual appearance of the plaintiff at the time of the arrest. The dismissal of the lawsuit was reversed. The malicious prosecution claim was rejected, however, based on the grand jury indictment. Ojo v. Lorenzo,64 A. When officers could have reasonably believed that a man had attempted to cause serious physical injury to a person, they had probable cause to arrest him.

They could rely on the victim's statement and did not need to take a statement from the arrestee's neighbor, who did not witness the fight in question. Both false arrest and malicious prosecution claims were rejected. Joseph v. Allen,U. A man was arrested and taken into custody for trespass because he was standing by himself inside a fenced-in playground that had no trespassing s at all entrances. A federal appeals court overturned judgment for the defendant officers, finding that a state statute that provided ten broad grounds for making a custodial arrest applied to misdemeanors but not to infractions, which came under a statute specifying three narrower grounds for custodial arrests for infractions.

The court ruled that judgment should be entered for the plaintiff, followed by a trial on damages. The court upheld, however, a jury's rejection of an unlawful search claim, as the error on the false reho standard did not taint the determination that no strip search had occurred. Edgerly v. City and County of San Francisco,F. When a man and a magistrate's daughter ended their engagement, the man tried to retrieve a diamond engagement ring and other items of personal property.

Following that, allegations were made that he had stolen his ex-girlfriend's dog. This resulted in a police chase down rural ro and a brief arrest of nfvada man and his father. Both arrestees then filed a false arrest and conspiracy lawsuit against the magistrate, the deputy who made the arrest, and the deputy's supervisor. A federal appeals court ruled that there had been probable cause for the arrests, and that no excessive force was used by the deputy in grabbing the son by the arm, forcing him to the ground, placing him in handcuffs, and searching him, since the deputy could not have known whether he was armed or would resist arrest.

There was no real evidence of conspiracy, and the magistrate did not act under color of law in reporting the alleged theft of the dog. Myers v. Bowman,U. Police nevadaa a woman's son for driving a vehicle involved in an accident. The woman and her son's girlfriend, who witnessed the accident, went to the police station, where the girlfriend was told to remain and threatened with a warrant for her arrest being obtained if she left.

The woman counseled the girlfriend to leave, however, and escorted her out. She was charged with witness tampering, although that charge was later dismissed. A federal appeals court found that the reho officer was entitled to qualified immunity on as federal false arrest claim and official immunity under New Hampshire law on a state malicious prosecution claim, as there was at least arguable probable cause for the arrest.

Moses v. Mele,U. A motorist adequately alleged that officers arrested him in retaliation for his First Amendment protected expressive activity after he was cited for violating a noise ordinance. The officer allegedly told the motorist that if he pphone he would get off with a ticket, but that "if you run your mouth, I will book you in jail for it. A reasonable officer would have known that he could not exercise his discretion to book a person in retaliation for First Amendment activity. Ford v.

City of Yakima,U. A man and his wife traveling in a car with the wife driving encountered a police officer using a radar device. The husband knew this because he had a radar detector. He gave the officer "the finger" to express his disapproval of what the officer was doing. The officer stopped the vehicle, which had not been speeding or committing any traffic violations.

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When both occupants got out, they were ordered to get back in the car, which they did. Subsequently, the husband again got out of the vehicle, seeking to speak to the three officers present, and repeated twice that he felt "like an ass. Reversing summary judgment for the defendant officers, a federal appeals court ruled that the vehicle stop was not lawful, and that qualified immunity for the officers was improper, since a reasonable officer would not have thought that the mere insult of "giving the finger" provided a basis for initiating a law enforcement process, or that there was probable cause for a disorderly conduct arrest.

A malicious prosecution claim also should not have been rejected on the basis of summary judgment for the defendants. Swartz v. Insogna,U. Officers were not liable for violating the rights of a Hispanic man who was arrested and removed from a city council meeting where he voiced opposition to the city's proposed agreement with federal authorities for immigration enforcement in the city. In a prior meeting, he had called the mayor a "racist pig," and in this meeting, he had called for his supporters in the audience to rise.

He was removed and arrested under a city ordinance prohibiting "disorderly, insolent, or disruptive" actions at such official meetings. While the use of the term "insolent" made the ordinance overbroad, the deletion of the term would make the ordinance constitutional. At the time of the arrest, the officers acted in an objectively reasonable manner by believing that the ordinance was valid and justified his removal.

Acosta v. City of Costa Mesa,F. Police lacked probable cause to make a warrantless arrest of a man for third-degree menacing. The information that they had merely indicated that he had approached a woman in her driveway and insisted that her car had hit his. She asked him to leave and ran into her house, and he left. The woman never said that she felt physically threatened or that the arrestee took any assaultive actions.

Summary judgment was improper on a false arrest claim. Ackerson v. City of White Plains,U. Police received a call reporting that a year-old girl had made statements indicating that she planned to kill herself by taking ibuprofen pills. Three officers and emergency medical personnel went to the girl's home where the girl admitted to the statements but said she had changed her mind.

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