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There were no exigent circumstances as there was no information that the arrestee was armed and likely to use a weapon or become violent, and an exception to the warrant requirement was needed for a warrantless entry into a home. 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. A mere phone call reporting criminal activity, without corroboration, does not provide probable cause for an arrest.

Barton v. Martin, , U. Lexis , Fed, App. Additionally, the lawsuit alleged facts from which a reasonable inquiry would have revealed that the plaintiff was a citizen who could not have been subject to an immigration detainer. Hernandez v. 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. The information he received indicated that she had battered her sister.

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Further, the information was credible and his investigation was sufficient. Bradshaw , , U. Lexis , WL The plaintiff filed a federal civil rights lawsuit against a city and a number of its police officers for alleged violations of his constitutional rights. The claims involved alleged excessive use of force during an arrest and the alleged improper issuance of three summonses for threatening behavior towards an officer, possession of an open liquor container, and littering, all of which were subsequently dismissed.

Lilly v. City of New York, , U. Lexis , WL 2nd Cir. Hupp v. Cook, , U. Lexis , WL 4th Cir. There is no viable constitutional claim under Bivens v. In the immediate case, the claims were that a federally deputized officer duped prosecutors and a grand jury into believing that the plaintiffs were part of a multistate sex-trafficking conspiracy.

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A federal appeals court declined to extend Bivens to cover these claims and remanded with respect to the 42 U. In regard to the unlawful arrest claim, the court held that defendant was not entitled to qualified immunity because her actions constituted a violation of a clearly established right. 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. Farah v. Weyker, , U. Lexis 8th Cir. A District of Columbia anti-obstructing statute under which the three plaintiff D.

The federal appeals court found that the statute conferred no sweeping power and its terms were clear enough to shield against arbitrary deployment. Agnew v. Government of the District of Columbia, , F. An important new U. Supreme Court ruling greatly limits the circumstances under which a suspect arrested with probable cause can assert a claim for damages for alleged violation of their First Amendment free speech rights by that arrest.

One of the officers was speaking with a group of attendees at the festival when the seemingly intoxicated plaintiff started shouting at them not to talk to the police.

When the officer approached him, the plaintiff began yelling at the officer to leave. Rather than escalate the situation, the officer left. Minutes later, the plaintiff approached a second officer in an aggressive manner while he was questioning a minor, stood between him and the teenager, and yelled with slurred speech that the officer should not speak with the minor. When the plaintiff stepped toward the officer, the officer pushed him back. The first officer saw the confrontation and initiated an arrest. After he was handcuffed, the arrestee claims that the first officer said "bet you wish you would have talked to me now.

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. The existence of probable cause to arrest defeated his First Amendment claim as a matter of law. Nieves v. Bartlett , , U. Lexis May 28, ,. A federal appeals court upheld summary judgment against the plaintiff in lawsuit claiming that he was unlawfully arrested in violation of his Fourth Amendment rights.

The court ruled that law enforcement had probable cause to arrest the plaintiff where the totality of the circumstances at the time of the arrest based on a search of his home and computers under a search warrant were sufficient for the detective to believe that he had committed or was committing the offense of possessing child pornography. Therefore, the defendants were entitled to qualified immunity.

Finally, because there was no constitutional violation, no municipal liability attached to the county and the city. Nader v. City of Papillion, , U. In this case, the deputy was invited to speak to a group of girls in school about bullying and fighting. When the girls were unresponsive and disrespectful, the deputy arrested the girls.

The appeals court applied the two-part reasonableness test set forth in New Jersey v. Officers were 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.

Scott v. County of San Bernardino, , U. Lexis 9th Cir. Officers were justified in their efforts to investigate plaintiff's Facebook post asking in response to a post advocating against gun control measures: "Which one do I need to shoot up a kindergarten? Ross v. City of Jackson, , F. A woman sued the U. A federal appeals court ruled that the discretionary function exception to the FTCA applied in this case where the officers enforced a removal order.

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.

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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.

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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.


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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 affirmed 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. 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 summary 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 fallen outside the protection of the First Amendment.

To infer from the plaintiff and her friend's shared costumes and joint 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 upheld 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 results 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.