As to the length of the detention, it was not excessive or unreasonable, as there was no indication that any of the defendants imposed a deelay for improper motives such as punishing the plaintiff or "drumming up" evidence merely to justify his 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. Lewis,U. The lieutenant lacked even arguable probable cause for the arrests.
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Worried that a tractor-trailer stopped on the shoulder of a highway ramp posed a safety hazard, a state trooper approached and observed that the engine was running with no one visible in the cab. Hawkins v. Following a strip search and a body cavity search, she was held in jail overnight, which was the first time she had been separated from her infant. 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.
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Lexis 10th Cir. Turner v.
The trial court had relied on the proposition that parties are deemed bound by the acts of their lawyers. There also was no probable cause for a disorderly conduct arrest, as there was no evidence ky any disturbance of sufficient magnitude to violate local law. Rollins v. Biser,U.
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The defendant officers were entitled to summary judgment under the independent intermediary doctrine because a grand jury found the arrests supported by probable cause. A federal appeals court upheld summary judgment for the officers on the basis of qualified immunity. A man who was arrested while he was video recording a police station from a public sidewalk and refused to identify himself sued three officers and the city, claiming that the arrest violated his Mh and First Amendment rights.
At the time, he was cooperating with officers and not resisting whatsoever, not even raising his voice. The federal appeals court found atore the statute conferred no sweeping power and its terms were clear enough to shield against arbitrary deployment. De La Rosa v.
The woman claimed that the officers ordered her out of her officef at gunpoint, threw her on the ground, handcuffed her, and detained her for approximately ten minutes. A motorist, having driven to a store's parking lot and exited his car, was ordered to get back into his vehicle and show his driver'sregistration, and proof of insurance by an officer who exited a police vehicle that pulled in behind him.
City of New York, cv, U. He was found with a half-burnt marijuana t and was charged with resisting or obstructing an officer, a charge that was later dismissed.
When the husband closed the interior door to his home, ofticer the Seyx 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. There is no right to arrest people exercising their right to free speech, even in a loud manner, and the officer himself admitted that the woman had used no language that was insulting or degrading, only saying "hell" and "damn," and not even directing those words at him.
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An officer, standing by his patrol car after 2 a. The crimes he pled guilty to did not share any common elements with the trespassing charge.
An important new U. 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. Lexis26 Fla.
Gomez v. Customs and Border Protection agents in Louisiana boarded a Greyhound bus and performed a routine check of passengers' immigration status. Claims against the agent were also rejected for failure to state a claim.
Denver,F. Bradley v.
A federal appeals court held that in the absence of exigent circumstances, an officer could not lawfully conduct the equivalent of a Terry investigative stop inside a man's residence. The plaintiff had the burden of affirmatively showing that the grand jury proceedings were tainted, and failed to do so. 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.