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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 sdx of the prevailing law at the time of the arrest.

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In this case, the deputy was invited to speak to a group of girls in school about bullying and fighting. The disputed issues included whether the deputies pointed loaded guns at the family and how a nine-year-old child was treated during the incident.

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Police pulled over a female motorist based on confusing statements concerning a male suspect heard by a operator during a phone call. Qualified immunity was denied to the off-duty African-American officer, as a jury could reasonably find that his conduct violated the arrestees' rights. Even if he acted without probable cause, he did not act beyond the scope of his authority.

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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. 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.

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Jones v. 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.

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An important new U. He was released from jail three weeks later and later pled guilty to unrelated charges of making harassing phone calls and marijuana possession, which stemmed from wholly distinct incidents.

A federal appeals court, vacating the trial court's refusal to reopen the case, held that there was a factual dispute over the prior attorney's authority to stipulate to the dismissal of the claims, making it necessary to hold an evidentiary hearing on the issue. After a jury returned a verdict for the defendant officers in a federal civil rights lawsuit, a federal appeals court ordered a new trial.


Two African-American men and four female friends, some of whom were Caucasian, walked past a police precinct while leaving an entertainment district where they had spent the evening drinking. Howlett v. Scott v. City of Albuquerque,U. A sergeant who was not even on the scene, however, was granted qualified immunity for lack of personal involvement there, and only relied on the arresting officer as to there having been grounds for an arrest.

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Their implausible answers gave the officers ample reason to believe that they were lying. 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. The charges against him were dismissed. Goode,F.

Lexis11th Cir. Additionally, the force used was not excessive since a reasonable officer could have concluded that the arrestee was committing domestic assault, which threatened the safety of another person, and the fact that the arrestee was slow in lowering himself to the ground, as directed by the officers, indicated that he was passively resistant.

He turned into a parking lot, went into a store, and then returned to his truck. Lexis D. As the denial was based on disputed facts rather than an issue law, the federal appeals court dismissed the officer's appeal on the basis of lack of jurisdiction.

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The federal appeals court rejected a lower court ruling that the lawsuit was barred by the conviction because a judgment czulley the plaintiff's favor would imply that the conviction was invalid. Additionally, as his blood alcohol reading was over the legal limit despite his claim that he had only one beer. Carlson,U.

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An officer noticed him and radioed the team. Qualified immunity protected the officers from liability on the plaintiffs' claim that they were Hot oral sex in Mc caulley Texas in retaliation for their protests in violation of the First Amendment, as such arrests based on probable cause did not violate clearly established law.

Calumet City,U. 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. When police arrived, they found literature referring to Moorish Science, belonging to the visitor. His prior lawyer in the civil lawsuit filed a stipulation with the court dismissing most of his claims. The officers observed what appeared to be open drug sales of crack cocaine in a lot involving four men and a juvenile with passersby attracted into a lot by yells of "rocks, rocks," referring to cocaine.

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The officers also did not violate the plaintiff's First Amendment rights, and it was clear that they did not know of the religious caullley of the shofar. He claimed, in his lawsuit, that the officers would not hsve arrested a Christian or an atheist under the circumstances.

A federal appeals court held that summary judgment on the basis of qualified immunty was proper on a false arrest claim, as the officers had probable cause for the arrest because one officer saw the plaintiff throw a crack pipe out ln his car window. Nader v.

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