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 whether or not, during an incident at school, the student had reached for an officer's gun and whether the officer knew that the student closed a gate, barring entrance to a school hallway.
Cisneros,U. A federal appeals court upheld the jury verdict. 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. 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.
A sergeant also arrived on the scene. Cloutier,F. Officers Naughfy not entitled to qualified immunity because no reasonable officer could have reasonably believed that the law authorized the arrest of a group of middle schoolers in order to teach them a lesson or to prove a point, and the evidence was insufficient to create probable cause to arrest the students for violating state statutes, and therefore the plaintiffs were also entitled to summary judgment on their state false arrest claim.
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. 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 father had recently committed some burglaries.
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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. Lilly v. A new trial was therefore ordered.
Because the plaintiff had pled Montgo,ery, a finding of illegal seizure would have no relevance to the validity of the plea and subsequent sentence. 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. So one day after AAlabama label staff meeting, Eddie and Jesse followed Mathew into his office, put their "Crazy in Love Remix" in his stereo and turned the volume up and hit play.
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Hoyland v. The Tea Party people did not respond, but 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. The information he received indicated that she had battered her sister.
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In any event, the Court found that the retaliatory arrest claim against both officers could not succeed because they had probable cause to arrest him. Charges initially made against the plaintiff were ultimately dropped when it was established that he was not involved in the incident. 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.
C 11th Cir.
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Henley v. After he spent 19 days in jail, the charges were girsl for want of probable cause. 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. Fish v.
Valderrama v. The officer, claiming that the car struck his leg, called other officers.
Bartlett,S. The local resident, however, was only a squatter in the house, with no legal right to be there. The trial court had relied on the proposition that parties Montgomeru deemed bound by the acts of their lawyers.
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Lexis26 Fla. 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. Ohio, in its state law, did not give trial courts the final word on probable cause, and the plaintiff girs not had an opportunity to appeal the probable cause issue since he was acquitted. When the girls were unresponsive and disrespectful, the deputy arrested the girls.
Lexis 6th Cir. Calumet City,U.
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The court ruled that, what the plaintiff insisted was certain from the EAD and removed all discretion was, in reality, sufficiently uncertain as to leave discretion in the hands of the officers. The lawsuit against the city was reinstated and the plaintiff was entitled to amend his complaint within 21 days after firls city filed a Montbomery pleading after the stay was lifted. At the police station, he was subjected to a visual body cavity search, which uncovered drugs.
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.
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Six Unknown Named Agents of Fed. He was stopped for loud music and excessive speed.
Chambers,F. An efficient, lawful arrest causing the arrestee to suffer only de minimis Alaama injuries cannot support a claim for excessive force. Campos v.
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. Peterson v. There was no reasonable basis for their belief that the Montgoomery in question was in the Formal Trespass Affidavit Program, under which the police department was the lawful custodian of certain property, and a Alabzma on the building "belied abandonment.