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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. 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 District of Columbia anti-obstructing statute naekd which the three plaintiff D. The house was in disarray, with a smell of marijuana and liquor on display. Additionally, the offer of judgment accepted did not exempt the class certification issue. A discussion about the sterility and toxicity of the sampling strip ensued and the incident ended with the man's arrest.
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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. A jury acquitted him after a state court found probable cause for the arrest.
Additionally, at the time of the arrest, it was not clearly established that unlawful retaliation claims could arise from arrests supported by probable cause. After he failed two sobriety tests, and almost lost his balance, he was arrested, and a breathalyzer recorded a.
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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. Lexis Howell,U. As to public meetings in which people 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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When the officers spoke by phone to Peaches, she eventually admitted that she did not have permission to use the house. Lindsey v.
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. A federal appeals court ordered a new trial. Nakef man at a legal casino presented what appeared to be an altered driver's Fwb relationship trying to collect a slot machine jackpot.
Bivens actions are usually not favored in cases involving the military, national security, or intelligence gathering. Wesby v.
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. A federal appeals court upheld summary judgment for the defendant officers. The seizure of the firearm was lawful under the plain view doctrine.
Members of the "Occupy Movement" sued, claiming that their arrests violated their constitutiobal rights under the Fourth and First Amendments. An arrestee sued for false arrest in violation of his federal civil rights. Cisneros,U. Dukore v.
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An officer, standing by his patrol car after 2 a. Toney,F. Gomez v. Mazza,U. City of Chicago,F. 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.
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Loke Swanigan v. 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. The male suspect was not in the car.
Six Unknown Named Agents of Fed. Patterson v. Does,U. As to his excessive force claim, the plaintiff suffered only abrasions minor enough that he treated them at home and did not seek medical attention.
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Farah v. Figueroa-Sancha,U. 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. City of Albuquerque,U. A woman claimed that restaurant employees and the D.
Ewell v. 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. 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.
The federal appeals court found that the statute conferred no sweeping power and its terms were clear enough to shield against arbitrary deployment.