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C 11th Cir. He pointed it at my face. Smith v.
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He was released from jail wluts weeks later and later pled guilty to unrelated charges of making harassing phone calls and marijuana possession, which stemmed from wholly distinct incidents. Qualified immunity was also not warranted on the warrantless arrest claim because a reasonable jury could find that the officer lacked probable cause to arrest under the circumstances, and this right was clearly established.
The chief then said "All of your lives may be spared if you can find ten of one fruit and bring them back to me.
Lexis 6th Cir. Ross v.
A federal appeals court ruled that the discretionary function exception to the FTCA applied in this case where the officers enforced a removal order. Howell,U. Wesby v. 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.
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There was also a factual issue as to whether there had been probable cause to arrest the male plaintiff for obstructing an officer. The officer, although ultimately mistaken, was entitled to qualified immunity on a false arrest claim, as a reasonable officer could believe that the leaves found were marijuana, giving him probable cause. The crimes he pled guilty to did not share any common elements with the trespassing charge. Charges were later dropped when a crime lab found that the leaves did not contain detectible amounts of Tetrahydrocannabinol THCthe active ingredient in marijuana.
A reporter for a local news organization heard on a police scanner of multiple traffic stops in a specific area. The game warden was therefore not entitled to qualified immunity on the false arrest claim. Under these circumstances, a reasonable officer would know that deliberately misleading another officer into arresting an innocent individual to protect a sham investigation was unlawful.
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A man at a legal casino presented what appeared to be an altered driver's while trying to collect a slot machine jackpot. LewisFed. After a jury returned a verdict for the defendant officers in a federal civil rights lawsuit, a federal appeals court ordered a new trial. He was stopped for loud music and excessive speed.
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When the officers spoke by phone to Peaches, she eventually admitted that she did not have permission to use the house. Humphrey,U. 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.
City of Chicago,U.
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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. A deputy sheriff had sufficient probable cause to arrest a woman for battery after a fight with her sister over the specifics of the last wishes of their cancer-stricken mother. Brown,U.
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Mazza,U. A jury acquitted him after a state court found probable cause for the arrest.
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Magill,F. The claim was rejected under the discretionary function exception to the Federal Tort Claims Act.
The woman's boyfriend, who owned the house, answered the door and refused to let the deputies enter without a warrant. 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. 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.
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. Rooni v. It rejected the plaintiff's position that the officer's unlawful entry into the curtilage of her home necessarily tainted the following arrest.
The officer allegedly said, "I'll show you who I am," and attacked the man. He subsequently arrested the driver for public intoxication.
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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 neighbor later denied having made these statements. Brhaw, U. Customs and Border Protection agents Bufdette Louisiana Burdettee a Greyhound bus and performed a routine check of passengers' immigration status. Wesby,L. Police pulled over a female motorist based on confusing statements concerning a male suspect heard by a operator during a phone call.
In this case, the deputy was invited to speak to a group of girls in school about bullying and fighting.