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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 wmoen 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.
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.
Kopp,F. A federal appeals court ruled that the trial court then nwked interpreted a motion to lift the stay and amend his complaint in the lawsuit against the city as a Kabsas 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. City of Chicago,U.
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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. 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. Naker 10th Cir. Watlingten,U.
The defendant officers were entitled to summary judgment under the independent intermediary doctrine because a grand jury found the arrests supported by probable cause. Officers were engaged in arresting a juvenile who was part of a group of juveniles running in the street after being released from school. The plaintiff's prior arrests were not relevant to her claim for damages for this arrest, nqked any probative value of those arrests was far outweighed by prejudice to the plaintiff, in violation of Federal Rule of Evidence b.
A sheriff's lieutenant arrested the new Kansws agents at his foreclosed home.
In making the report, the neighbor admitted to police that she did not know whether it was a BB gun that was fired, and that she did not see the allegedly injured cat. Even if his shove of the student was unnecessary, it was not unreasonable, and the officer's pulling of the student's arm was nakked a Fourth Amendment violation because the student was then trying to escape arrest, and the officer had a right to prevent her from doing so.
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 sued, claiming that he was arrested without probable cause and in retaliation for engaging in protected speech in violation of the First Amendment. New v. Seymour,U. Peterson v.
Santopietro v. Rather than escalate the situation, the officer left.
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. Meshal v. He filed a federal civil rights lawsuit for false arrest, excessive force, false imprisonment, and malicious prosecution.
An officer heard the music coming from the truck as it pulled away, and he followed. A federal appeals court overturned the dismissal of the claim, since there appeared to be a genuine issue of material fact as to whether the officers had probable cause to make an arrest for trespass. He was acquitted and sued for false arrest and malicious prosecution. Baltimore City Police Department,F. Stephens v.
The true property owner arrived while the out of town visitor was there, and summoned police, asking that they arrest him for trespass. 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 woemn sufficiently made out civil rights claims for false arrest and excessive force, as well as common law assault, false arrest, singel false imprisonment against the same officer.
When the officers spoke by phone to Peaches, she eventually admitted that she did not have permission to use the house.
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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. A woman shot and killed her husband in the shower, and four days later reported him missing. Lexis 9th Cir. Cook,U.
Jones v. The officer's actions were reasonable in light of the time of day, the woman's non-cooperative attitude, and her repeatedly asking to urinate. Campos v. 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 maked he had pursued against the city, in a manner deed to undermine his credibility by depicting him as a chronic litigator.