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Back to list of subjects Back to Legal Publications Menu. 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 t he 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.

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The deputy had legal authority to place the child in protective custody. Voss v. Goode,F. A reporter for a local news organization heard on a police scanner of multiple traffic stops in a specific area. He suspected that police were running a prostitution sting operation. An officer noticed him and radioed the team.

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An officer told him that he was not, but that his continued presence would constitute obstruction of a police detail and result in arrest. News stories listed his name as an arrestee in the prostitution sting. The charges against him were dismissed.

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He sued the officers and the city under 42 U. The federal appeals court upheld summary judgment for the defendants on First Amendment retaliation and malicious prosecution under Illinois law, citing the U.

Bartlett, S. There was probable cause to arrest the reporter, nullifying any retaliatory arrest claim under the First Amendment. Lund v.

City of Rockford, U. Lexis 7th Cir. 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. When Animal Control arrived and spoke to the man, he explained that he had shot at a trampoline with a BB gun to scare the cat. The officer saw neither weapons nor injured cats, yet when other officers arrived at the residence, one forcibly entered the home and made a warrantless arrest. 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.

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Martin,U. LexisFed, 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.

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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. Brhaw, U. LexisWL The plaintiff filed a federal civil rights lawsuit against a city and a 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. LexisWL 2nd Cir. Hupp v. Cook,U. LexisWL 4th Cir. There is no viable constitutional claim under Bivens v.

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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. 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.

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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.

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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.

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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.

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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.

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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.

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