AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of
Law Enforcement Agencies & Personnel
False Arrest/Imprisonment: Warrant
Even though information
allegedly omitted from an affidavit supporting the issuance of an arrest
warrant might have given the arresting officer a basis for questioning
the truth of the complainant's story, the officer also conducted an investigation
and questioned a number of persons, and also obtained partial confirmation
of the complainant's version of events when the arrestee himself stated
that he had "jokingly" made comments to the complainant which
were similar to what she reported. Accordingly, a federal appeals court
upheld summary judgment for the officer on the plaintiff's false arrest
claim. Feehan v. Lengyel, No. 06-5250, 2008 U.S. App. Lexis 10852 (Unpub.
2nd Cir.).
Police chief did not violate an assistant
chief's constitutional rights to be violated by having an arrest warrant
issued for him after he was told that the assistant chief had threatened
to shoot him. Additionally, a federal appeals court rules, there was no
evidence that the city's policies or customs caused the alleged violations
of the arrestee's rights. The fact that charges were ultimately not pursued
against the arrestee did not alter the result. De Angelis v. City of El
Paso, No. 06-51396, 2008 U.S. App. Lexis 3477 (5th Cir.).
Police official who was not shown to have
played any role at all in drafting, obtaining, or executing an arrest warrant
for kidnapping could not be held vicariously liable for alleged violations
of the arrestees' rights merely on the basis of having assigned a police
detective to the case. There was also no evidence that the alleged violations
of the arrestees' rights occurred because of any direction that the defendant
had provided, or that he consented to or even had knowledge of those actions.
Wilkinson v. City of Vicksburg, Civil Action No. 5:05-CV-94, 2008 U.S.
Dist. Lexis 9357 (S.D. Miss.).
An arrestee who claimed in his lawsuit that
he had been falsely arrestee under a warrant that had been dismissed could
not pursue his claim when he failed to give the date of the purported arrest,
or the date he had been arraigned, since, without that information, it
could not be determined whether his lawsuit was timely. Further, the plaintiff
failed to name particular defendants responsible for his alleged arrest,
and improperly sought to assert claims for federal civil rights liability
against the county on the basis of vicarious liability. Porto v. Camden
County Freedholders, No. 07-5359, 2007 U.S. Dist. Lexis 90855 (D.N.J.).
Court rejects man's claim that a police detective
submitted false information to a court in an application seeking an arrest
warrant for making derogatory statements involving banks and criminal impersonation
in phone calls to a state agency. The facts showed that the man had access
to the phone used in making the four calls in question, and that the arrest
warrant was based on multiple identifications of the voice as belonging
to the plaintiff, and phone records linking the plaintiff's business to
the calls made. Tuccio v. Papstein, No. 3:05-CV-1407, 2007 U.S. Dist. Lexis
72567 (D. Conn.).
Police officers were not liable for arresting
a suspect on the basis of an outstanding bench warrant they were informed
about by a third officer when the invalidity of the warrant was not discovered
until the officers and arrestee were at the police station. The warrant
was not facially invalid and there was no evidence that the officers reasonably
should have known that it was invalid at the time of the arrest. Hanks
v. County of Delaware, No. 05-CV-6400, 2007 U.S. Dist. Lexis 73845 (E.D.
Pa.).
Four arrest warrants obtained against a suspect
after he was apprehended were all based on probable cause. Additionally,
no arrest warrants were actually required because officers had personally
observed the suspect breaking the law. Two prosecutors and two judges sued
by the arrestee had absolute immunity against the plaintiff's federal civil
rights claims. Briggs v. Moore, No. 07-1918, 2007 U.S. App. Lexis 24309
(3rd Cir.).
Arrest warrant under which arrestee was charged
with assault on a police officer was adequately supported by probable cause.
The application for the warrant was accompanied by an affidavit by the
officer stating that the suspect had challenged him to a fight, and an
affidavit by a prosecutor based on other available evidence, including
an unsworn statement by another officer, which confirmed that the suspect
had made the alleged challenge. Cummisky v. Mines, No. 06-5028, 2007 U.S.
App. Lexis 22983 (10th Cir.).
Even if, as the arrestee claimed, deputies
falsified certain information in applying for an arrest warrant, there
was still sufficient information left supporting a finding of probable
cause, so that the deputies were entitled to qualified immunity in a subsequent
false arrest lawsuit. Further proceedings were ordered, however, on whether
the arresteee, who was deaf, was subjected to violation of his rights under
Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. Sec.
12132 following his arrest. Robertson v. Las Animas County Sheriff's Dept.,
No. 06-1027, 2007 U.S. App. Lexis 21706 (10th Cir.).
Officers had probable cause to believe that
a landowner had threatened to commit a crime of violence when he had previously
told them that he would do "whatever" he had to do to "protect"
his purported property rights in connection with a dispute between him
and a developer, and he had also previously displayed firearms to the developer's
employees. They had probable cause to obtain an arrest warrant and search
warrant, particularly after the landowner stated that they were not taking
actions needed to avoid "a bloodbath" occurring as a result of
the dispute. A search warrant obtained for the home of the landowner's
mother's home, however, was not supported by probable cause, as he had
not recently lived there, and there was no allegation that any weapons
were stored there, so further proceedings were required on claims arising
out of that particular search warrant. Walczyk v. Rio, No. 04-5711, 2007
U.S. App. Lexis 18255 (2nd Cir.).
Federal appeals court lacked jurisdiction
over appeal by the Director of the United States Virgin Islands Department
of Justice, Special Investigations Division, of the denial of his qualified
immunity defense in a federal civil rights lawsuit by an arrestee claiming
that the Director had made false statements in an affidavit to obtain an
arrest warrant to arrest him for the crime of making misrepresentations
to a court while seeking sole custody of his children. Because the trial
court's denial of the qualified immunity defense was based on disputed
facts as to whether the Director acted reasonably or "knowingly or
recklessly" presented false information in the affidavit, those factual
disputes would have to be resolved in the trial court, and the qualified
immunity defense, therefore, could not be granted at this time. Barton
v. Curtis, No. 06-3336, 2007 U.S. App. Lexis 18065 (3rd Cir.).
A "barebones" affidavit that did
not provide a factual basis for probable cause, which was used to obtain
an arrest warrant for a woman on charges of accessory after the fact to
an alleged botched robbery and murder by her husband was insufficient to
support qualified immunity for the defendants in her false arrest lawsuit.
Spencer v. Staton, No. 06-30020, 2007 U.S. App. Lexis (5th Cir.).
An arrestee placed into custody on the basis
of an arrest warrant for another person, on which his name appeared as
an alias, had been detained under a facially valid warrant. Despite the
arrestee's assertion that he had repeatedly told police that he was not
the person sought in the warrant, and that his name may have appeared there
as a result of identity theft, his four nights in custody did not violate
his constitutional rights under the circumstances. Alvarado v. Bratton,
No. CV 06-7812, 2007 U.S. Dist. Lexis 37280 (C.D. Cal.).
An arrestee's false arrest claim did not
accrue under 42 U.S.C. Sec. 1983 until the prosecution terminated in his
favor, so that his lawsuit, filed one year after that was not barred by
a statute of limitations. Mapes v. Bishop, No. 06-30559, 2007 U.S. App.
Lexis 14123 (5th Cir.).
Probable cause existed for the issuance of
an arrest warrant for the plaintiff, based on physical descriptions given
by robbery victims, the fact that he owned a car of the same make and color
as that of the getaway vehicle, and that two or three witnesses to the
robbery identified him from an initial photographic line-up. Additionally,
a number of his own family members identified him as the person shown in
a security camera photograph. Brock v. City of Zephyrhills, No. 06-16407,
2007 U.S. App. Lexis 11873 (11th Cir.).
Seizure of arrestee by constable acting to
execute a facially valid arrest warrant found to be supported by probable
cause, barring a claim for false arrest. Pierre v. Warrick, No.: 4:05-CV-1915,
2007 U.S. Dist. Lexis 11838 (M.D. Pa.).
U.S. Supreme Court rules that the statute
of limitations on a federal civil rights claim for false arrest which results
in a criminal prosecution starts to run on the date the arrestee is detained.
Wallace v. Kato, No. 05-1240, 127 S. Ct. 1091 (2007).[N/R]
Police detective was not shown to have deliberately
or recklessly made misrepresentations of fact to a judge in obtaining a
warrant for the arrest of a father for child abduction for taking his two
children to another state during a visitation without his estranged wife's
permission. Mannoia v. Farrow, No. 06-1430, 2007 U.S. App. Lexis 2607 (7th
Cir.). [N/R]
Arrest warrant was not supported by probable
cause when an officer's affidavit allegedly included deliberate misrepresentations.
The warrant issued listed the suspect as a white male, even though the
arrestee was an African-American. Even if the false statements were removed,
the affidavit would not support probable cause for an arrest. The officer
who obtained the warrant was not entitled to qualified immunity. Miller
v. Prince George's County, Maryland, No. 05-2250, 2007 U.S. App. Lexis
1347 (4th Cir.).[N/R]
County was not liable for alleged false arrest
and false imprisonment of a man under an arrest warrant actually issued
for his twin brother. The warrant listed his name as an alias for the brother,
and the arrestee was only held in jail for 4.5 hours before his release
on bail. Rudkin v. Sedgwick County, Kansas, Case No. 05-1156, 2007 U.S.
Dist. Lexis 2395 (D. Kan.). [N/R]
Police officer arrested under a warrant on
charges of rape, attempted murder, and second degree kidnapping failed
to show that the city had any official custom or policy which led to his
allegedly false arrest, so there could be no municipal liability. Further,
the discrepancies in the warrant application that the plaintiff complained
of were not essential to the finding of probable cause and issuance of
the warrant, so the sergeant who obtained the warrant was also entitled
to summary judgment. Daniel v. Compass, No. 05-31157, 2006 U.S. App. Lexis
30605 (5th Cir.). [N/R]
No reasonable jury could find that an officer
acted unreasonably in arresting a man under an outstanding but old arrest
warrant for someone of the same race, name, and sex, who, when questioned
about the warrant replied that he thought the matter had been "taken
care of already." It subsequently turned out that the warrant was
for another man with a different birth date, and that the arrestee had
mistakenly believed that the warrant the officer was referring to a traffic
violation he had actually committed. Tibbs v. City of Chicago, No. 05-1634,
2006 U.S. App. Lexis 29135 (7th Cir.). [N/R]
County sheriff was not liable under Ohio law for
detention of motorist under arrest warrant negligently not removed from
computer system after it had been withdrawn. Amrhein v. Lucas County Sheriff,
No. L-06-1170, 2006 Ohio App. Lexis 5032 (6th Dist. Lucas County). [N/R]
Several arrests of a police officer's wife,
under valid arrest warrants, in connection with domestic disputes, did
not violate her rights when the plaintiff failed to show that there were
any false statements in the affidavits seeking the warrants. The failure
of investigating officers to immediately arrest her husband when she stated
that he had attacked her did not violate her due process rights. Investigating
officer looked into both husband's and wife's versions of the incident,
and two days later obtained arrest warrants for both of them. Zappone v.
Town of Watertown, No. CIV. 3:99CV00944, 427 F. Supp. 2d 83 (D. Conn. 2006).
[N/R]
Plaintiff arrestee adequately alleged that
her arrest for violation of probation concerning prostitution was made
with a warrant that was not valid on its face, and which had been altered
after it was issued by the handwritten insertion of her proper married
last name, so that sheriff's deputies sued for alleged arrest of plaintiff
in a case of mistaken identity were not entitled to qualified immunity.
Plaintiff claimed that her identity had been stolen ten years before and
that the jurisdiction seeking the suspect had both a photograph of the
suspect and her fingerprints, but failed to send those items to the county
officers who arrested her. McCutchen v. Tipton County, No. 05-2142, 430
F. Supp. 2d 741 (W.D. Tenn. 2006). [N/R]
Detective could not be held liable for alleged
constitutional violations stemming from a purportedly unduly suggestive
identification or alleged defects in the procurement of the arrest warrant
when the arrestee pled guilty to the charged robbery offense. Antonio v.
Moore, No. 05-6272, 174 Fed. Appx. 131 (4th Cir. 2006). [N/R]
Neither police nor sheriff's office were
liable for mistaken arrest and detention of man under a warrant for a man
with a similar name and identical physical characteristics and birthday.
Sheriff's policy of ignoring protests about misidentification after an
arrestee appears before a judge and is remanded to the sheriff's custody
could not be a basis of federal civil rights liability. $750,000 jury damage
award set aside. Hernandez v. City of Chicago, No. 04-2246, 2006 U.S. App.
Lexis 18679 (7th Cir.). [2006 LR Sep]
In a lawsuit brought against the U.S. government
and an agent of the Federal Emergency Management Agency (FEMA) for false
arrest and malicious prosecution of a man for allegedly falsely obtaining
government funds for disaster relief assistance after the September 11,
2001 terrorist attacks on the World Trade Center, the Federal Tort Claims
Act (FTCA), 28 U.S.C. Sec. 2680(g) provides that a lawsuit against the
U.S. government is the exclusive remedy, barring New York state law claims
against the agent. Applying New York law to the claims against the U.S.
government, the plaintiff could not prevail on his false arrest claim when
his arrest was carried out under a valid arrest warrant, and could not
recover on his malicious prosecution claim when he failed to show that
the prosecution against him was started with "actual malice."
Lewis v. U.S., No. 03 Civ. 10220, 388 F. Supp. 2d 190 (S.D.N.Y. 2005).
[N/R]
FBI agent could rely on facts provided by
local law enforcement authorities in procuring a federal flight warrant
for the arrest of a father who did not return his daughter to her mother
at the conclusion of an authorized visitation period, and was alleged to
have a demonstrated willingness to cross state lines with the child, taking
her from Florida to Massachusetts, and was not required to conduct his
own investigation. The agent knew that a state law arrest warrant had been
issued, and he was not required to investigate the validity of that warrant.
Meuse v. Freeh, No. CIV. A. 04-10255, 421 F. Supp. 2d 365 (D. Mass. 2006).
[N/R]
A city, its arresting officer, and a police
dispatcher were all entitled to state agent immunity under Alabama state
law for actions which resulted in a man's arrest under an outstanding warrant
for another man with a similar name. The officer and dispatcher, in mistakenly
determining that the arrestee was the individual sought under the warrant,
were engaged in the exercise of judgment in the enforcement of criminal
laws, and therefore were immune from liability under Ala. Code Sec. 6-5-338.
Swan v. City of Hueytown, No. 1031058, 920 So. 2d 1075 (Ala. 2005). [N/R]
Arrest, pursuant to warrant, of man who allegedly
threatened purported trespassers on his club's land by pointing a gun at
them did not violate his rights. Officer properly passed along the man's
denial of this to the prosecutor along with the statements of the complaining
witnesses, and his mere denial was insufficient to eliminate probable cause
for the arrest. Grubbs v. Bailes, No. 05-7076 2006 U.S. App. Lexis 10437
(10th Cir.). [2006 LR Jun]
Even without allegedly false information
provided by police inspector in his affidavit for the arrest warrant, there
was probable cause to issue the warrant for the arrest of the suspect based
on the minor victim's statements that he had repeatedly touched her in
the area of her vagina, and a therapist's report indicating that the suspect
had touched the victim's chest area and bottom. Police inspector was therefore
entitled to qualified immunity from arrestee's Fourth Amendment claim.
Guerrero v. City and County of San Francisco, No. 03-17313, 156 Fed. Appx.
36 (9th Cir. 2005). [N/R]
Police detective was entitled to qualified
immunity for alleged false arrest of suspect under arrest warrant. The
application for the arrest warrant was not so lacking in indicia of probable
cause as to make it unreasonable to rely on in making the arrest. The arrestee
fit the description of the suspect and the detective learned before the
arrest that the arrestee was working at the store at the time of the alleged
theft, as well as that another participant in the theft had implicated
the arrestee. Byers v. City of Eunice, No. 04-31053, 157 Fed. Appx. 680
(5th Cir. 2005). [N/R]
Officer did not violate arrestee's civil
rights in obtaining federal arrest warrant based on man's violation of
restraining order barring him from obtaining a weapon. At the time he did
so, the restraining order appeared to be valid, and the officer could not
know that it would ultimately be ruled to have been issued without proper
notice. Spruill v. Watson, No. 04-51284, 157 Fed. Appx. 741 (5th Cir. 2005).
[N/R]
County employees were entitled to absolute
immunity for seizing and incarcerating a man under a valid bench warrant
issued in a child support arrearage case. Lepre v. Tolerico, No. 04-4179,
156 Fed. Appx. 523 (3rd Cir. 2005). [N/R]
Man arrested under a warrant issued based
on his failure to pay alimony had an arguable civil rights claim. He contended
that the officers had no authority under the warrant to immediately incarcerate
him, but instead should have merely brought him before the judge. Rodriguez
v. Garcia, #CIV. 03-2238, 403 F. Supp. 2d 174 (D. Puerto Rico. 2005). [N/R]
Warrant for suspect's arrest for burglary
was supported by arguable probable cause, entitling arresting officer to
qualified immunity from liability. Evidence supporting probable cause for
warrant including the identification of the suspect in a photographic line-up
as the person a security guard saw on the balcony of a burglarized building
and fleeing the scene in a van parked in a garage that had access to the
burglarized apartments. Brown v. Abercrombie, No. 05-11931, 151 Fed. Appx.
892 (11th Cir. 2005). [N/R]
Investigator was entitled to qualified immunity
on claims that he obtained arrest warrants for elementary school teacher
which were not based on probable cause. Warrant was supported by probable
cause based on statements by student that the teacher attacked and choked
her, together with documented evidence of injuries. McKinney v. Richland
County Sheriff's Dep't, No. 05-6423, 2005 U.S. App. Lexis 27091 (4th Cir.
December 12, 2005). [2006 LR Feb]
Officer had probable cause to arrest suspect
for arson despite an error in the affidavit for the arrest warrant concerning
the amount of insurance the suspect had on the property. The arrest warrant
was facially valid and the investigation included interviews with almost
forty witnesses indicating that the fire was caused by arson. Additionally,
the substantial amount of insurance on the property, even if not stated
exactly in the affidavit, provided the owner with a motive for the fire.
Bontatibus v. Ayr, No. Civ.A.3-03CV948, 386 F. Supp. 2d 28 (D. Conn. 2005).
[N/R]
State trooper acted unreasonably in executing
an arrest warrant on a suspect at his home in the nighttime when the warrant
was for a misdemeanor charge of failing to appear in court on a prior misdemeanor.
The bail was set at a low $500 amount, the warrant could have been executed
in the daytime, there were no exigent circumstances justifying the nighttime
arrest, and no neutral magistrate or judge determined that it was reasonable
to make a nighttime arrest. The trooper, however, was entitled to qualified
immunity from liability, due to the absence of binding prior precedent
on the subject. Cipes v. Graham, No. 3:04CV1412, 386 F. Supp. 2d 34 (D.
Conn. 2005). [N/R]
Arrest warrant under which suspect was arrested
was sufficiently specific in its description to provide officers with probable
cause for an arrest, despite the fact that it was actually for another
person who had stolen the arrestee's identity. Because the warrant identified
the arrestee's exact name, date of birth, hair color, eye color, driver's
license number, and height, and the weight listed was only five pounds
different from the arrestee's actual weight, a reasonable officer could
have believed that the suspect was the person named in the arrest warrant.
Fulgencio v. City of Los Angeles, No. 03-56501, 131 Fed. Appx. 96 (9th
Cir. 2005). [N/R]
Police officers were entitled to summary
judgment on false arrest claims when the affidavit supporting the arrest
warrant did not have any material misstatements or omissions of fact. Legal
determination as to whether the facts alleged were sufficient to support
an arrest for forgery, tampering with public records and securing the signing
of documents by deception were properly left to the judge examining the
affidavit, who issued the warrant. Edwards v. Kelly, No. 04-3105, 136 Fed.
Appx. 468 (3rd Cir. 2005). [N/R]
Detective who prepared arrest warrant which
was issued on the basis of his "conclusory" claim that the arrestee
had transported her fugitive son, sought on a rape charge, to another location
to escape arrest could not rely on the warrant to justify an arrest. His
statement was insufficient to provide probable cause to arrest the mother
for hindering the apprehension of her son. Butts v. City of Bowling Green,
No. 1:04CV-129, 374 F. Supp. 2nd 532 (W.D. Ky. 2005). [N/R]
Deputy sheriffs were entitled to qualified
immunity for their arrest of a man under a bench warrant issued by a judge
in connection with child support proceedings, despite the erroneous nature
of the warrant, since it was facially valid and they had no reason to believe
otherwise. Cogswell v. County of Suffolk Deputy Sheriff's Dept., No. 02CV
4281, 375 F. Supp. 2d 182 (E.D.N.Y. 2005). [N/R]
Officers had qualified immunity from liability
for arresting a man for alleged sexual assault, false imprisonment, and
harassment of a co-worker based on the alleged victim's "credible"
account which was supported in part by hotel records, and the fact that
a trial judge signed an arrest warrant based on these submitted facts.
Mitchell v. Obenski, No. 04-3730, 154 Fed. Appx. 548 (3rd Cir. 2005). [N/R]
U.S. marshal acted reasonably in mistakenly
arresting a woman in her apartment while executing a valid arrest warrant
for another person. The defendant marshal had grounds to believe that the
suspect sought lived in the arrestee's building and acted reasonably in
relying on the building manager's identification of the tenant when shown
pictures of the suspect sought. Favors v. U.S., No. 04-1069, 137 Fed. Appx.
493 (3rd Cir. 2005). [N/R]
State prosecutor and trial judge were both
entitled to absolute immunity from liability from arrestee's claim that
they conspired together to have him arrested on false charges by having
an arrest warrant issued concerning traffic offenses which they allegedly
knew had previously been dismissed. Lyghtle v. Breitenbach, No. 04-3296,
139 Fed. Appx. 17 (10th Cir. 2005). [N/R]
Police officer had probable cause to arrest
woman for obstruction when she blocked his entry into her home to arrest
her son inside, for whom he and accompanying officers had two arrest warrants.
Arrestee's statement that the officers entered her home without "warning,
notice, or consent" did not contradict the officers' version of the
events, so that they had both lawful authority to enter and to arrest her
when she attempted to interfere. Ward v. Moore, No. 04-2138 2005 U.S. App.
Lexis 14424 (8th Cir.). [2005 LR Sep]
Arrestees in two separate cases adequately
stated a claim for their false arrest under warrants obtained by officers.
Plaintiffs in both cases presented allegations that officers had made false
statements that drug substances had been seized from the suspects, and
had tested positive for the presence of narcotics. Jenkins v. De La Paz,
No. 04-10460, 124 Fed. Appx. 265 (5th Cir. 2005). [N/R]
Arrest of former police officer under warrant
charging him with theft of funds while in office was supported by probable
cause, entitling defendants to summary judgment on false arrest and malicious
prosecution claims. Voyticky v. Village of Timberlake, No. 04-3252, 2005
U.S. App. Lexis 11948 (6th Cir.). [2005 LR Aug]
A parole officer was entitled to qualified
immunity for deciding to arrest a parolee for a "technical" parole
violation (working outside the state and possessing a cell phone) under
a warrant, even though he knew that an intermediate state appeals court
had granted the parolee a new trial, when he was unaware that the state's
appeal to the state Supreme Court had been denied, or that the charges
against the parolee had subsequently been dropped. Donaldson v. Mugavero,
No. 04-1648, 126 Fed. Appx. 63 (3rd Cir. 2005). [N/R]
Deputy sheriff was not entitled to qualified
immunity on claims that she omitted material exculpatory facts from an
affidavit used to obtain an arrest warrant, including an alleged failure
to note that an outstanding bench warrant was for a firearms citation rather
than a stalking incident, and that the deputy had a letter from the prosecutor
stating that no charges were currently pending. Melessa v. Randall, No.
03-4237, 121 Fed. Appx. 803 (10th Cir. 2005). [N/R]
Officers' arrest of suspect for alleged commission
of three robberies in one evening, pursuant to an arrest warrant, was sufficiently
supported by probable cause when there was both forensic evidence and witness
statements implicating the arrestee in those crimes, and mere "conclusory"
statements that the officers had coerced the witnesses into making their
statements were insufficient to alter the result. Vines v. Callahan, No.
CIV.A. 3-99-CV-1746, 352 F. Supp. 2d 211 (D. Conn. 2005). [N/R]
Police detective did not violate an arrestee's
rights under the Fourth Amendment by seeking a warrant for his arrest based
on a woman's statement that she had hurt her leg when he battered her two
weeks earlier. The detective could reasonably rely on the alleged victim's
statement and was not required to further investigate before seeking an
arrest warrant. Further, there was no showing that the detective knowingly
made false statements or omitted exculpatory evidence in the affidavit
in support of the warrant. George v. City of Wichita, No. 02-1344, 348
F. Supp. 2d 1232 (D. Kan. 2004). [N/R]
Police officers had probable cause to obtain
arrest warrants for two individuals who, after a "contentious"
court hearing allegedly left the room muttering the words "judge,"
"shot," or "judge should be shot." Statements from
witnesses who claimed to have heard these remarks were sufficient to furnish
probable cause for arrests on charges that they violated a New Jersey statute
forbidding threatening a public servant with the purpose of influencing
a decision in a judicial proceeding. El v. Gloucester Township, No. 04-1328,
116 Fed. Appx. 386 (3rd Cir. 2004). [N/R]
Police officer's alleged violation of a state
statute prohibiting him from making an arrest outside of the town which
was his primary jurisdiction, even if true did not, by itself, make the
arrest, pursuant to a valid arrest warrant, unreasonable under the Fourth
Amendment. Armstead v. Township of Upper Dublin, No. Civ.A. 03-CV-3608,
347 F. Supp.2d 188 (E.D. Pa. 2004). [N/R]
Officers who were informed by the sheriff's
department that there was a facially valid warrant for a suspect's arrest
were entitled to rely on it even if the arrestee and his family told them
that it was not valid. Cunningham v. Reid, No. 03-1055, 337 F. Supp. 2d
1064 (W.D. Tenn. 2004). [N/R]
Police officer who obtained arrest warrant
had sufficient evidence to have probable cause that suspect had been deceiving
elderly man for years, having him establish a joint banking account with
her from which she later took a substantial sum of money. Officer's affidavit
also established probable cause to believe that the arrestee had taken
other property. Kane v. Lewis and Clark County, Montana, No. 03-35172,
111 Fed. Appx. 870 (9th Cir. 2004). [N/R]
Officers had probable cause to arrest man
under facially valid arrest warrant that had his name, photo, and social
security number, despite the fact that it had an incorrect address for
him, and the fact that he subsequently turned out not to be the person
who actually committed the drug trafficking offense. Officers could reasonably
have believed that the arrestee merely changed his address and were entitled
to qualified immunity on his claim for false arrest. Johnson v. Watson,
No. 03-4756, 113 Fed. Appx. 482 (3rd Cir. 2004). [N/R]
Police officer who arrested, under warrant,
the owner of legally registered firearms and ammunition on suspicion of
uttering "threats" was not entitled to qualified immunity. The
arrestee's "occasional bellicose" statements in the presence
of police were insufficient to support a reasonable belief that there was
probable cause to arrest him for any crime. The arrest, however, did not
violate the Second Amendment. Court finds that there is no federal civil
rights claim based on "a right to own firearms unrelated to the maintenance
of a militia." Walczyk v. Rio, No. 3:02CV1536, 339 F. Supp. 2d 385
(D. Conn. 2004). [N/R]
Officers who sought an arrest warrant based
on a corrections officer's alleged sexual misconduct with a female inmate
had arguable probable cause for his arrest despite some inconsistencies
in complaining prisoner's story. Probable cause existed for the arrest,
based on all the officers knew, even if some of it was not fully expressed
in the application for the warrant. Escalera v. Lunn, No. 03-7121, 361
F.3d 737 (2d Cir. 2004). [2004 LR Dec]
Woman arrested on a warrant for unlawfully
depriving another of the custody of a child or visitation rights failed
to show that the deputy sheriff who obtained the warrant fabricated any
of the information in the warrant application. The deputy was therefore
properly granted summary judgment in a false arrest lawsuit. Gray v. County
of Los Angeles, #03-55012, 103 Fed. Appx. 112 (9th Cir. 2004). [N/R]
Probable cause existed for the arrest, pursuant
to a warrant, of a civilian police department crime lab employee when work
records and observations indicated she was at work at a second job as an
aerobics instructor while claiming to work overtime at the crime lab. Her
subsequent acquittal of the charges, based on her defense that she made
up the overtime hours at other times, did not alter the result, since the
investigating officer had ample facts, based on reasonably reliable sources
of information to provide him with probable cause at the time of the arrest.
Dintino v. Echols, #03-1517, 91 Fed. Appx. 783 (3rd Cir. 2004). [N/R]
Man arrested under a valid warrant in a case of
mistaken identity did not show that officers violated his constitutional
rights in making the arrest by failing to attempt to compare the photo
of the suspect sought with his appearance. Since the officers had the correct
address, and the arrestee himself "acquiesced" in the arrest,
this did not show anything other than, at most, negligence on the part
of the officers, which was insufficient for a federal civil rights claim.
Jordan v. Fournier, 324 F. Supp. 2d 242 (D. Me. 2004). [N/R]
Judge's finding that arrestee was guilty
on charges of delaying a police officer in the performance of his duties,
which he had been arrested for under a warrant, showed that there was probable
cause for the arrest, even though the arrestee was not formally sentenced
or "convicted" of the charges, since the judge entered a "prayer
for judgment continued" under North Carolina law. Such a ruling, while
it had the effect of not sentencing the arrestee for the offense, did not
establish his innocence of it. Elkins v. Broome, 328 F. Supp. 2d 596 (M.D.N.C.
2004). [N/R]
Deputy U.S. marshal acted in an objectively
reasonable manner in making a capias arrest under a valid civil arrest
warrant for the purposes of enforcing a lawful subpoena obtained by the
U.S. government on behalf of the Department of Transportation in a pending
enforcement case in which the arrestee had failed to respond to the subpoena.
Additionally, the arrestee was barred under the doctrine of collateral
estoppel from pursuing his civil rights claims concerning his arrest and
custody by the deputy U.S. marshal under the warrant, since the court in
the enforcement action had already ruled on those issues in a "show
cause" hearing held following the arrest. Eck v. Gallucci, 321 F.
Supp. 2d 368 (D. Conn. 2004). [N/R]
Police officers could justifiably rely upon
a "credible complaint" by an alleged student victim of sexual
molestation by a teacher as probable cause for an arrest. The fact that
the complainant was a "special education" student did not alter
the result when the detective who prepared the affidavit for the arrest
warrant found him credible. Forest v. Pawtucket Police Dept., No. 03-2652,
2004 U.S. App. Lexis 15527 (1st Cir.). [2004 LR Sep]
Two officers who arrested the plaintiff acting
in good faith pursuant to what appeared to be a facially valid arrest warrant
could not be held liable for false arrest on the basis of alleged omissions
of material information from the affidavit for the warrant, when they did
not participate in preparing it. Cea v. Ulster County, 309 F. Supp. 2d
321 (N.D.N.Y. 2004). [N/R]
Police officer properly arrested a man under
an outstanding facially valid bench warrant bearing his name, and had no
reason to know that the man's brother had falsely given his name when previously
arrested for shoplifting. Carter v. Baltimore County, Maryland, 95 Fed.
Appx. 471 (4th Cir. 2004). [N/R]
Postal inspector was authorized under Maine
law to swear out a complaint and obtain a warrant for the arrest of a local
postmaster for allegedly indecently exposing himself to a 15-year-old girl.
Even though he allegedly had no authority to make the arrest for a state
law misdemeanor, the arrest was proper when he was accompanied by a deputy
sheriff in executing the warrant. Santoni v. Potter, No. 03-1914, 2004
U.S. App. Lexis 10456 (1st Cir.). [2004 LR Jul]
Police officer who arrested suspect on the
basis of a warrant for breach of the peace issued by a judge was entitled
to qualified immunity. Issuance of warrant supported a presumption that
the arrest was supported by probable cause, and there was no showing that
the officer in any way misled the judge in order to obtain the warrant.
Abramowitz v. Romano, 303 F. Supp. 2d 79 (D. Conn. 2004). [N/R]
Police officer could reasonably believe that
there was probable cause to arrest students for complicity to commit rape
based on issuance of arrest warrant which relied on the account of eyewitnesses
and was judicially approved, in the absence of any evidence that either
the officer or an attorney whose advice he relied upon knowingly made any
material misstatements of fact in the application for the warrant. The
fact that ultimately no charges were pursued against the students did not
alter the result, as the issue was the existence of probable cause at the
time of the arrest. Crockett v. Cumberland College, No. 01-5306, 316 F.3d
571 (6th Cir. 2003). [N/R]
Trial court should not have dismissed civil
rights claim by man arrested for the second time on the same warrant, since
the facts alleged would have supported a conclusion that the officers acted
unreasonably by failing to check on the warrant when confronted with the
possibility that it might no longer be valid. Pena-Borrero v. Estremeda,
No. 03-1084, 2004 U.S. App. Lexis 6949 (1st Cir. 2004). [2004 LR May]
FBI agent who allegedly knowingly caused
the arrest of the wrong man through the use of a facially valid warrant
intended for the arrest of his brother was not entitled to qualified immunity.
Lee v. Gregory, No. 02-57132, 2004 U.S. App. Lexis 6648 (9th Cir. 2004).
[2004 LR May]
Arrestee failed to show that there was a
lack of probable cause for affidavits which served as the basis for the
issuance of an arrest warrant on charges of violating a protective order,
as required to support a claim against the official who swore out the affidavits.
Freeman v. Bean, No. 02-5197, 88 Fed. Appx. 360 (10th Cir. 2004). [N/R]
FBI agent was not required to obtain a search
warrant for a residence in addition to an arrest warrant for a suspect
reasonably believed to be an occupant in order to enter a dwelling. Tyson
v. Willauer, 289 F. Supp. 2d 190 (D. Conn. 2003). [N/R]
Property owner and manager were not "seized"
for purposes of a Fourth Amendment claim as a result of the issuance of
arrest warrants against them when they were both able to merely pick up
a summons and complaint against them at the police station and had to attend
court on several occasions before charges concerning alleged housing code
violations were dropped. They suffered no "deprivation of liberty"
by simply being required to attend court proceedings in this manner. Their
claim that the warrants were issued without probable cause did not amount
to "abuse of process" either, in the absence of a claim that
officials who obtained the warrants intended to accomplish something other
than their criminal punishment. Zak v. Robertson, 249 F. Supp. 2d 203 (D.
Conn. 2003). [N/R]
Officers had probable cause to arrest suspect
under fugitive warrant even though his height was 7 inches taller than
the description in the warrant, when the warrant appeared to be valid and
exactly matched the arrestee's address, date of birth, and name. Johnson
v. Kings County District Attorney's Office, 763 N.Y.S.2d 635 (A.D. 2nd
Dept. 2003). [N/R]
State trooper had no duty to investigate
arrestee's claim of innocence after she was arrested under a warrant for
another person with the same last name and a similar birthdate, since his
only job was to transport arrestee from one facility to another. Cleveland
v. City of Detroit, 275 F. Supp. 2d 832 (E.D. Mich. 2003). [N/R]
Undercover narcotics investigator acted reasonably
in arresting allegedly mentally incompetent child after he was identified
as the person on a videotape selling cocaine to the officer. Arrest was
made pursuant to a warrant issued after the suspect on the videotape was
identified from a high school yearbook and school I.D., as well as by a
high school assistant principal. Wilson v. Vickery, 267 F. Supp. 2d 587
(E.D. Tex. 2002). [N/R]
Arrest of motorist during a traffic stop
under a warrant quashed by the court, but still in the sheriff's computer
system, could not be the basis under Arizona law for a claim for false
arrest. Deputy had a privilege to make an arrest under an "invalid
warrant fair on its face." Torrez v. Knowlton, #2 CA-CV 2002-0087,
73 P.3d 1285 (Ariz. App. Div. 2 2003). [2003 LR Nov]
Decision of federal court dismissing an arrestee's
civil rights claim did not have a collateral estoppel effect barring her
claim for false arrest in state court, when the federal court did not decide
the issue of whether the arrest, made pursuant to a warrant, was supported
by probable cause. A remaining genuine issue of whether the warrant was
obtained by officers acting in "reckless disregard for the truth"
by refusing to consider exculpatory evidence made available by the arrestee's
spouse made summary judgment on the lawsuit improper. Martinetti v. Town
of New Hartford Police, 763 N.Y.S.2d 189 (A.D. 4th Dept. 2003). [N/R]
Officer was not entitled to qualified
immunity from liability for alleged false arrest when it appeared that
several statements made in connection with an application for an arrest
warrant were deliberately or recklessly false, including that the drugs
were found in a room where the apartment tenant's girlfriend slept, when
they were actually found in a room used in an office. Holmes v. Kucynda,
No. 02-11408, 321 F.3d 1069 (11th Cir. 2003). [2003 LR Oct]
There was no evidence to show that an officer
deliberately omitted from an application for an arrest warrant the purported
fact that the narcotics seized during a prior search of the suspect's home
had been destroyed, that the drugs actually had already been destroyed
at the time that the warrant was applied for, or, if they had, that the
officer knew this. Defelice v. Ingrassia, #02-7758, 66 Fed. Appx. 240 (2nd
Cir. 2003). [N/R]
Officers acted in an objectively reasonable
manner by seeking and obtaining an arrest warrant for a teacher on charges
of assaulting elementary school students, based on statements obtained
from seven different students which corroborated each other's stories concerning
the alleged physical assaults, as well as a school nurse's report documenting
student physical injuries. Given these statements, a magistrate would have
issued an arrest warrant even if other, allegedly exculpatory information
excluded had been recited. Crone v. Connelly, No. 22156, 813 A.2d 1084
(Conn. App. 2003). [N/R]
Neither city nor officers were liable for arrest
of father under a warrant intended for his son, who had the same name,
for an incident that happened at the father's house. Son had refused, during
questioning by officer, to provide his birthdate, address, or even name,
so that subsequent issuance of warrant for the father at that address,
while resulting in the arrest of the wrong person, was not caused by unreasonable
conduct of the officer or any failure of the city to take particular precautions.
Noone v. City of Ocean City, No. 01-4072, 60 Fed. Appx. 904 (3rd Cir. 2003).
[2003 LR Aug]
Arrestee could not pursue a federal civil
rights claim based on her arrest under a facially valid warrant after county
sheriff's office warrant clerk allegedly entered incorrect information
into the National Crime Information Center (NCIC) database, confusing the
arrestee's date of birth and social security number with those of another
person with the same first and last name and middle initial. Negligence
alone is not enough for a federal civil rights claim. Johnson v. Scotts
Bluff County Sheriff's Dept., 245 F. Supp. 2d 1056 (D. Neb. 2003). [N/R]
Police detective reasonably relied on complainant's
information in submitting applications for arrest warrants for charging
man with attempted residential entry and rape, despite inconsistencies
in her story and suspect's protestations of innocence. Statements of another
detective to the press essentially repeating this information could not
be the basis, under Indiana state law, for a defamation claim, as they
were not made with knowing falsity or in reckless disregard of the truth.
Beauchamp v. City of Noblesville, Indiana, No. 02-2568, 320 F.3d 733 (7th
Cir. 2003). [2003 LR Jun]
Officer had probable cause to arrest a civilian
police department employee for fraudulently receiving overtime pay when
his investigation appeared to show that she was elsewhere, including at
another job teaching aerobics, at times when she had allegedly received
overtime pay from the police department. The arrestee's ultimate acquittal
on the charges did not alter the existence of probable cause at the time
of the arrest. The officer's investigation was the basis for the warrant
on which the plaintiff was arrested. Dintino v. Echols, 243 F. Supp. 2d
255 (E.D. Pa. 2003). [N/R]
Officers who obtained arrest warrant for
man suspected of larceny of air compressor from construction site were
not liable for alleged violations of arrestee's civil rights when any purported
false statements in the affidavit for the warrant were reasonably based
on the verbal and written statements of complainants' about the suspect's
actions and documents showing the ownership of the compressor missing from
the site. Sietins v. Joseph, 238 F. Supp. 2d 366 (D. Mass. 2003). [N/R]
Man arrested and held for 12 days on arrest
warrants intended for his twin brother sufficiently alleged that city warrant
procedures constituted a "policy" for purposes of a federal civil
rights due process claim against the municipality. Evidence in the case
included testimony by the police chief that he was the chief policymaker
for the city and was aware that the arrest of the wrong person under a
warrant was "not uncommon" and was "particularly acute"
for twins, yet he had not established any internal procedures to attempt
to remedy this problem. Fairley v. Luman, #99-56483, 281 F.3d 913 (9th
Cir. 2002). [N/R]
State prosecutor was entitled to absolute
immunity for allegedly telling an officer to delete exculpatory material
from an arrest warrant application and resubmit it to the court, after
the first attempt to obtain the arrest warrant was rejected. Sheehan v.
Colangelo, #02-7736, 53 Fed. Appx. 584 (2nd Cir. 2002). [N/R]
Federal appeals court did not have jurisdiction
to consider an appeal of the trial court's denial of qualified immunity
to a defendant arresting officer when there were disputed issues of material
fact concerning the officer's actions in seeking a warrant for the plaintiff's
arrest for obstruction of justice. Appellate review, before final judgment,
of a denial of qualified immunity is only proper when the denial is based
on an question of law, rather than of fact. Additionally, officer did not
make an unqualified concession of the plaintiff's version of the facts
for the purposes of the appeal. Ray v. Wolters, #00-2345, 30 Fed. Appx.
550 (6th Cir. 2002). [N/R]
Investigator was not entitled to qualified
immunity for submitting affidavit which resulted in plaintiff being arrested
as a felon in possession of a firearm when he had information from another
state that the plaintiff had been arrested on felony charge, but no information
suggesting that he had ever been convicted of the offense. Kearse v. Moffett,
No. 01-2390, 311 F.3d 891 (8th Cir. 2002). [2003 LR Mar]
Officers who obtained arrest warrant did
not make any knowingly false or reckless statements in the affidavit and
the inculpatory statements of a witness to the armed robbery established
probable cause in a strong enough manner that their alleged failure to
also include the supposedly exculpatory statements of two other witnesses
did not undermine a finding that there had been probable cause for the
arrest. Meyers v. Wolkiewicz, #02-1005, 50 Fed. Appx. 549 (3rd Cir. 2002).
[N/R]
The alleged placing of an improper arrest
warrant into the state computer system was insufficient to support a federal
civil rights claim for an unreasonable arrest when the plaintiff arrestee
did not dispute that a second outstanding warrant in the system was valid,
and either warrant would have been sufficient to form the basis of his
arrest following a traffic stop. Yglesias v. City of Dearborn, #01-1887,
51 Fed. Appx. 155 (6th Cir. 2002). [N/R]
Police detective was not entitled to qualified
immunity when she searched jail records for the name of a suspect in the
theft of checks from a retail store and is alleged to have randomly selected
one of two suspects with almost identical names as the person sought and
testified to that effect before the grand jury. Kentucky v. Young, #01-6219,
51 Fed. Appx. 543 (6th Cir. 2002). [N/R]
Arrestee could not recover damages for his
arrest on Christmas Eve under a warrant intended for his identical twin
brother or for his wrongful detention for four days after he protested
his innocence and that he was not the person sought. Warrant was facially
valid, he met the description of the person sought, and a program of immediately
doing fingerprint comparison of arrestees was not required by the constitution.
Panfil v. City of Chicago, No. 01-3150, 45 Fed. Appx. 528 (7th Cir. 2002).
[2003 LR Feb.]
Officers who arrested a motorist on the basis
of a computerized outstanding warrant list despite his possession of a
printed acknowledgment that the warrant had been recalled were entitled
to qualified immunity. Federal trial court rules that the issue of the
priority of the printed recall notice over the computerized indication
of an outstanding warrant was not clearly established at the time of the
arrest. Soto v. Bzdel, 214 F. Supp. 2d 69 (D. Mass. 2002).[N/R]
Detective's reliance on statement of witness,
without further investigation, in applying for and obtaining a warrant
for a suspect's arrest, was reasonable. The fact that statements of the
witness may have been false did not alter the result. Villeda v. Prince
George's County, Md., 219 F. Supp. 2d 696 (D. Md. 2002). [N/R]
Officer who filed affidavit for arrest warrant
had information which provided a reasonable belief that the arrestee had
caused the death of his wife, entitling him to qualified immunity from
a lawsuit for violation of the arrestee's Fourth Amendment rights. Gomez
v. Atkins, #01-2112, 296 F.3d 253 (4th Cir. 2002). [2002 LR Nov]
State trooper was entitled to qualified immunity
for applying for a warrant for a man's arrest for assault and battery and
two violations of a domestic violence prevention order on the basis of
her interview with the man's ex-wife, as this gave her a reasonable belief
that there was probable cause for a warrant. Wilson v. Zellner, 200 F.
Supp. 2d 1356 (M.D. Fla. 2002). [2002 LR Oct]
Police officer did not act in an unreasonable
manner by including, in an affidavit for an arrest warrant, statement by
an informant that were contradicted by some other evidence, when there
was also substantial evidence corroborating the informant's statements.
Carter v. City of Philadelphia, #00-3671, 35 Fed. Appx. 36 (3rd Cir. 2002).
[2002 LR Sep]
Officers did not violate the Fourth Amendment
when they took the arrestee into custody under a facially valid warrant,
ignoring his protests that he had already served a sentence for the probation
violation for which the warrant was issued. Peacock v. Mayor and City Council
of Baltimore, 199 F. Supp. 2d 306 (D. Md. 2002). [N/R]]
Police officer was not liable for false arrest
for allegedly putting false information concerning arrestee's alleged confession
to robbery in affidavit for arrest warrant. Affidavit contained other evidence
which supported a finding of probable cause even without the alleged false
statements. Baca v. Bennett, #01-1104, 34 Fed. Appx. 626 (10th Cir. 2002).
[2002 LR Aug]
City and officer were liable for violation
of federal civil rights after officer's mistaken use of wrong form for
citation made motorist believe that he could contest ticket by mail, resulting
in his subsequent arrest under warrant for failure to appear in court.
Intermediate New York reviewing court upholds overturning of state law
negligence award, however. Marin v. City of New York, 739 N.Y.S.2d 523
(Sup. 2002) [2002 LR Aug]
Man arrested under warrant on charges of
falsely swearing, in firearms purchase form, that he had not been convicted
of a felony, could pursue his false arrest claim based on genuine issue
of material fact as to whether he showed the arresting officers a certificate
of conviction which showed them that he had previously been convicted of
a misdemeanor rather than a felony. There was also a genuine issue as to
whether the investigating officer, who wrote the affidavit which was the
basis for the warrant, knew that the prior conviction was only for a misdemeanor.
Thompson v. Sweet, 194 F. Supp. 2d 97 (N.D.N.Y. 2002). [N/R]
Information that police detective allegedly
omitted from his probable cause affidavit for an arrest warrant for a robbery
suspect would have not altered the affidavit in a material way, so that
the omission did not violate the suspect's Fourth Amendment rights. Garcia
v. Gasparri, 193 F. Supp. 2d 445 (D. Conn. 2002). [2002 LR Jul]
Detective was entitled to qualified immunity
from liability on false arrest claim when he was present at, but did not
participate in, a probable cause hearing. Detective had no affirmative
duty to correct any testimony presented that he knew to be false or misleading,
and even if he had such a duty, it would be unreasonable for the detective
to believe that his conduct in subsequently making an arrest under the
warrant issued at the hearing was unlawful. Pacheco v. Edgington, # 00-16937,
32 Fed. Appx. 299 (9th Cir. 2002). [N/R]
County and sheriff's department could not
be held liable for civil rights violation for deputy's action in entering
a home in alleged violation of the Fourth Amendment to execute a bench
warrant against a third party (not the homeowner), in the absence of any
evidence that the county or department had a custom or practice of relying
on insufficient information in serving arrest warrants. Werbicki v. County
of Los Angeles, #00-56801, 32 Fed. Appx. 302 (9th Cir. 2002). [N/R]
Officer was entitled to qualified immunity
when he made no material misrepresentations in an application for an arrest
warrant for extortion and conducted a reasonable investigation first. Prosecutor's
subsequent decision to dismiss the charges did not alter the result. Menebhi
v. Mattos, 183 F. Supp. 2d 490 (D.R.I. 2002). [N/R]
Police officers had probable cause to arrest
timber worker on outstanding warrant for harvesting timber without a license.
Officers, rather than acting out of malice, made the arrest only after
confirming that the bench warrant was outstanding and after the arrestee
was unable to provide documentary proof supporting his claim that he had
paid the fine for the offense. Fuller v. Troup County, No. A01A1670, 558
S.E.2d 777 (Ga. App. 2002). [N/R]
An objectively reasonable officer could conclude
that the failure to obtain a Washington state warrant after arresting a
suspect in that state on a facially valid Oregon felony arrest warrant
did not violate the suspect's constitutional rights. Case v. Kitsap County
Sheriff's Department, No. 98-36260, 249 F.3d 921 (9th Cir. 2001). [N/R]
Search of man's residence under warrant was not
rendered unreasonable because it was conducted while his children waited
for the school bus outside the home, in the absence of any claim that the
officers harmed or threatened the children in any way. Handcuffing of man
for two hours while they searched his home under the warrant did not violate
his Fourth Amendment rights, particularly when they also arrived armed
with an arrest warrant. Martin v. Rodriguez, 154 F. Supp. 2d 306 (D. Conn.
2001). [N/R]
Officers had probable cause to arrest, with
warrant, man for criminal sexual assault of a child based on purported
victim's statements, bloodstains in victim's underwear, medical evidence
consistent with sexual abuse, and evidence indicating that the arrestee
was the only adult interacting with children at the scene. Later dismissal
of charges, based on rulings suppressing minor's identification of him
as "suggestive and unreliable," and preventing the state from
using certain hearsay statements attributed to minor in the course of the
investigation did not alter the result. Predmore v. Schwartz, No. 99-3198,
141 F. Supp. 2d 1150 (C.D. Ill. 2001). [N/R]
Officers who arrested plaintiff with a facially
valid warrant had no obligation to investigate or accept arrestee's claim
that the warrant described another person with the same name. Sheriff's
office did not know arrestee's date of birth, social security number or
other identifying information on the date of the arrest. Deputy later took
steps to secure arrestee's release when it became apparent that he was
not the person sought in the warrant. Garcia v. County of Bucks, Pa., No.
CIV. A. 00-2446, 155 F. Supp. 2d 259 (E.D. Pa. 2001). [N/R]
Officer's alleged misrepresentations in affidavit
for arrest warrant were not knowing. County did not violate the arrestee's
Fourth Amendment rights by failing to require that a prosecutor review
and approve officers' arrest warrant affidavits. Freeman v. Murray, No.
3:99CV2179, 163 F. Supp. 2d 478 (M.D. Pa. 2001). [2002 LR Feb]
347:166 Officers' entry into home with arrest
warrant for man believed to be staying there, based on unverified anonymous
tip would be unlawful if they did not have a reasonable belief that he
lived there, as opposed to being a guest in the home; disputed facts required
further proceedings. Watts v. County of Sacramento, #00-15099, 256 F.3d
886 (9th Cir. 2001).
345:134 Woman mistakenly arrested under warrant
actually intended for her sister-in-law, who sometimes used her name as
an alias, was properly awarded $100,000 for 3 hours she was kept in custody
after a judge ordered her released. Young v. City of Little Rock, No. 99-3595EA,
249 F.3d 730 (8th Cir. 2001).
342:94 Officer was not liable for arresting
female motorist on the basis of a recalled warrant, when the officer was
unaware it was recalled; search requiring motorist to expose and rearrange
her undergarments before using bathroom at station, however, was unreasonable
when neither the crime involved in the arrest or any other circumstances
created any suspicion that arrestee could be concealing contraband. Mason
v. Village of Babylon, 124 F. Supp. 2d 807 (E.D.N.Y. 2000).
342:85 Officer was not entitled to qualified
immunity for bringing arrestee to county jail when arrest warrant plainly
stated that she was to be brought "before a judge immediately"
and allowed to pay a $235 cash bail; arrestee instead spent three days
in jail and was twice strip searched; negligent failure by county personnel
to recall bail warrant, however, could not be the basis for a federal civil
rights claim. Miller v. Kennebec County, No. 99-2079, 219 F.3d 8 (1st Cir.
2000).
342:85 Officer liable for $35,000 for civil
rights violation and false imprisonment of attorney arrested for alleged
interference with apprehension of two of his clients; lawsuit asserted
officer and prosecutor obtained arrest warrant based on false/misleading
information; prosecutor also liable for $65,000. Etoch v. Newton, Ark.,
No. CIV-96-105, Phillips County Cir. Ct., Ark., Sept. 14, 2000, reported
in ATLA Law Rptr. (Feb. 2001).
341:69 Warrant clerk was not liable for arrest
of wrong man after she accidentally transposed criminal complaint numbers
in issuing arrest warrant, as she did not intend to cause his detention,
but arresting officer might be liable if he had reason to believe that
warrant had been erroneously issued. Berg v. County of Allegheny, No. 98-
3557, 219 F.3d 261 (3rd Cir. 2000).
339:43 Officer had probable cause to arrest
homeowner for theft of services based on statements by a number of businesses
that he had refused to pay for work done on his residence; officer did
not act improperly or deceive prosecutor who obtained warrant by failing
to detail his personal involvement in a prior similar dispute involving
the homeowner. Neiman v. Keane, #99-3286, 232 F.3d 577 (7th Cir. 2000).
338:21 Officer acted reasonably in basing
his affidavit for an arrest warrant on bank tellers' identification of
woman in surveillance photo as bank robber and identification of woman
in photo as the person named in the warrant by persons who knew her. Freeman
v. County of Bexar, No. 99-50608, 210 F.3d 550 (5th Cir. 2000).
338:19 Officer was entitled to official immunity
against liability for malicious prosecution under Georgia state law for
obtaining arrest warrants, in the absence of any proof that he acted with
"actual malice" or intent to cause harm. Todd v. Kelly, No. A00A0712,
535 S.E.2d 540 (Ga. App. 2000).
337:6 Arrest of store customer for writing
check returned for insufficient funds, when made pursuant to a valid arrest
warrant, was "presumptively made with probable cause"; in the
absence of a showing of fraud, perjury, or the misrepresentation or falsification
of evidence, her false arrest claim must be dismissed. Martinetti v. Town
of New Hartford Police Dept., 112 F. Supp. 2d 251 (N.D.N.Y. 2000).
333:135 Officer could not be held liable
for deliberately providing false information in an affidavit for an arrest
warrant when there was no evidence that he knew there was any problem with
the truthfulness of the witnesses who gave statements. Dutton v. Montgomery
County, MD., 94 F.Supp. 2d 663 (D. Md. 2000).
334:152 Booking officer was liable for $10,000
to female motorist held in custody for six days under an arrest warrant
that was actually for her sister; jury could reasonably conclude that officer
had received and ignored a computer message that the arrestee's fingerprints
did not match those on file for the person sought, despite the officer's
denial that she got the message. Kennell v. Gates, #99-1931, 215 F.3d 825
(8th Cir. 2000).
325:5 Officers acted reasonably in entering
home to make an arrest based on ten-year-old bench warrant for welfare
fraud, even though they also arrested suspect for alleged involvement in
an assault in a tavern; additional evidence also showed consent for entry,
which would have justified warrantless arrest. Greer v. Anne Arundel County,
Md., 46 F.Supp. 2d 416 (D. Md. 1999).
325:6 Officers were not liable for arresting
a man pursuant to a warrant which actually sought his son; father and son
had the same name except for the term "Jr.," a fact that the
officers were unaware of and which the father did not bring to their attention.
Joye v. Richland County Sheriff's Dept., 47 F.Supp. 2d 663 (D.S.C. 1999).
328:55 State troopers were not liable for
continuing to hold, for a day and a half, arrestee taken into custody pursuant
to a valid arrest warrant, after they gradually began to suspect he was
not the person actually sought; arrest warrant was issued based on original
suspect having assumed another man's identity. Brady v. Dill, #98- 2293,
187 F.3d 104 (1st Cir. 1999).
329:68 Officers and city were not liable
for false arrest or malicious prosecution to man arrested pursuant to valid
arrest warrants for theft and criminal trespass, despite the fact that
he was not actually the person named in the warrants; arrestee had the
same first and last name as suspect sought, lived at the address named
in the warrant, and generally fit the description of the suspect. Montgomery
v. City of Montgomery, No. 2971214, 732 So. 2d 305 (Ala. Civ. App. 1999).
329:69 Officers not liable for failure to
release arrestee after they allegedly learned he was not the suspect in
an attack; arrestee was taken into custody under valid warrant and officers
did not have authority to release him without a judicial order. Miller
v. Bd. of County Commissioners of County of Rogers, 46 F.Supp. 2d 1210
(N.D. Okl. 1999).
329:75 Alabama city, accused of causing a
man's arrest in another county by failure to recall an arrest warrant,
was entitled to have venue of lawsuit moved to county in which it was located
and in which its allegedly wrongful acts had occurred. Greensboro, Ex Parte,
Re: Ridgeway v. City of Butler, No. 1971738, 730 So. 2d 157 (Ala. 1999).
330:88 Police officer had probable cause
to arrest man pursuant to an arrest warrant for robbery when three persons
identified him in a photo array; while arrestee had a valid alibi showing
that he was not in town at the time of the robbery, documents proving this
were not provided until months after the arrest. Franklin v. Consolidated
Government of Columbus, Georgia, 512 S.E.2d 352 (Ga. App. 1999).
323:169 Connecticut Supreme Court upholds
$930,000 false arrest/malicious prosecution award against two detectives
who procured warrant for his arrest; plaintiff argued that omissions in
affidavit for warrant resulted in his arrest and prosecution without probable
cause. Ham v. Greene, 729 A.2d 740 (Conn. 1999).
321:136 Actions of officers in obtaining
and executing arrest warrant against individual with the same first and
last name, as well as middle initial, as suspect sought was, at most negligent,
and could not support the arrestee's federal civil rights lawsuit, since
defendant officers did not act recklessly. Lane v. Sarpy County, #98- 2048,
165 F.3d 623 (8th Cir. 1999).
320:121 Existence of arrest warrant did not
immunize officers from liability for false arrest and imprisonment when
plaintiff arrestee claimed that they knew that there was no probable cause
for the arrest and obtained the warrant only because of the influence of
a town board member. Chase v. Town of Camillus, 668 N.Y.S.2d 830 (A.D.
1998).
318:87 Factual issue existed as to whether
deputy sheriffs, who had possession of photograph of man sought in search
warrant, as well as physical description including scars detainee did not
have, should have used more care in determining that detainee was person
sought in warrant. Gray v. Cuyahoga County Sheriff's Dept., #97-1379, 150
F.3d 579 (6th Cir. 1998).
316:53 Deputy sheriffs violated fellow deputy's
rights by failing to turn over possibly exculpatory evidence to state investigator
looking into allegation that deputy compelled prostitute in custody to
perform oral sex on him in exchange for promise of food; defendants were
entitled to qualified immunity, however, when their violation was negligent
or careless, rather than intentional; no liability for state investigator
who obtained arrest warrant. Ahlers v. Schebh, 994 F.Supp. 856 (E.D. Mich.
1998).
315:41 Officers were not liable for holding
man in custody who had the same name, social security number, and birthdate
as suspect sought in fugitive warrant; failure to act on other allegedly
exculpatory information was, at most, negligence, and could not result
in federal civil rights liability. Sanchez v. Swyden, #96-40557, 139 F.3d
464 (5th Cir. 1998).
289:7 Law enforcement officials were properly
granted summary judgment in lawsuit based, in part, on allegedly false
statements in arrest warrant affidavit; even if such statements were false,
remaining true statements in arrest warrant affidavit, standing alone,
were sufficient to provide probable cause for arrest. Taylor v. Meacham,
82 F.3d 1556 (10th Cir. 1996).
290:22 City, police chief, and county sheriff
were not liable for officer's arrest of man on felony warrant for charges
which were previously resolved; court had never recalled bench warrant,
so even 24-hour access to court records would not have altered information
that warrant was still outstanding. Harris v. City of Marion, Ind., 79
F.3d 56 (7th Cir. 1996).
295:102 Police investigator could have reasonably
believed that totality of circumstances provided probable cause for arrest
of long-time roommate of confessed drug dealer for involvement in drug
offenses; investigator's alleged failure to promptly give exculpatory evidence
to prosecutor following arrest did not violate arrestee's rights. Taylor
v. Waters, 81 F.3d 429 (4th Cir. 1996).
295:103 Identification of suspect as armed
robber by three witnesses was sufficient to provide probable cause for
arrest; warrant was properly issued even though affidavit for warrant only
mentioned one of the three identifications, and probable cause to detain
arrestee continued to exist even after witness named in affidavit recanted
her identification. Rowe v. Romano, 940 F.Supp. 798 (E.D. Pa. 1996).
298:153 False arrest claim could not be based,
under Louisiana state law, on arrest made pursuant to a facially valid
warrant. Winn v. City of Alexandria, 685 So.2d 281 (La. App. 1996).
279:40 Arresting deputy and jail officer
were entitled to rely on dispatcher's information that there was an outstanding
arrest warrant for female motorist, despite her protestations of mistaken
identity; dispatcher, however, was not entitled to qualified immunity in
suit based on him conveying to deputy information about warrant that was
actually for arrestee's twin sister, with the same birthdate but a different
first name. Bibart v. Stachowiak, 888 F.Supp. 864 (N.D.Ill. 1995). [Cross-
reference: Defenses: Qualified (Good-Faith). Immunity].
279:41 Arrest of vehicle passenger under
facially valid warrant did not violate his rights when officer was informed
it was for a person with passenger's name, birthdate, race, residence,
and approximate weight, and passenger indicated that he knew about case
in which warrant had been issued. White v. Olig, 56 F.3d 817 (7th Cir.
1995).
280:55 Police officer who arrested Air National
Guard security guard for "impersonating" a law enforcement officer
was entitled to qualified immunity from liability in federal civil rights
lawsuit; it was not clearly established under state law whether such a
security guard was a "law enforcement officer" in West Virginia.
Jordan v. Town of Pratt, 886 F.Supp. 555 (S.D.W.Va. 1995). [Cross-reference:
Defenses: Qualified (Good- Faith). Immunity].
283:103 Federal officers' arrest of woman
with same name, social security number, birthdate, birthplace, and abdominal
scar as suspect sought in arrest warrant was objectively reasonable. Rodriguez
v. U.S., 54 F.3d 41 (1st Cir. 1995). [Cross-reference: Federal Tort Claims
Act].
283:104 Under Florida state law, a claim
for false arrest/false imprisonment could not be based on an arrest made
pursuant to lawful authority, such as a capias. Jackson v. Navarro, 665
So.2d 340 (Fla. App. 1995).
284:118 Arrest of jail visitor on outstanding
facially valid arrest warrants was proper despite fact that arrestee asserted
that statute of limitations had run on charges in warrant; arresting officers
had no obligation to determine whether statute of limitations defense was
meritorious and were entitled to qualified immunity for making arrest.
Pickens v. Hollowell, 59 F.3d 1203 (11th Cir. 1995). [Cross-reference:
Defenses: Qualified (Good-Faith). Immunity].
{N/R} Officer who swore out complaint charging
former tenant's landlord with felony theft lacked probable cause as a matter
of law and was liable for Fourth Amendment violation. Peterson v. City
of Plymouth, 60 F.3d 469 (8th Cir. 1995).
266:24 Arrest of motorist who largely met
description contained in arrest warrant was supported by probable cause
despite some variations in weight and date of birth. Bennett v. City of
Yonkers, 859 F.Supp. 92 (S.D.N.Y. 1994).
266:25 Officer was entitled to qualified
immunity for arresting woman, pursuant to warrant, who met description
in warrant, had same nickname as person sought, and was found in expected
location, despite the fact that her name was different and that he took
her driver's license and put it in his pocket without looking at it. Blackwell
v. Barton, 34 F.3d 298 (5th Cir. 1994).
267:42 Officer was justified in using deadly
force against man who advanced on him waving bat and threatening to kill
the officer when officer attempted to serve arrest warrant on him; officers
had probable cause to obtain arrest warrant for man based on wife's statements
that he hit her. James v. City of Chester, 852 F.Supp. 1288 (D.S.C. 1994).
270:88 Officers and city were not liable
for false arrest when homeowner was arrested pursuant to a valid bench
warrant on which his name was misspelled; warrant stated correct address
and "uniqueness" of name indicated that correct person was being
arrested. Kis v. County of Schuylkill, 866 F.Supp. 1462 (E.D.Pa. 1994).
273:138 City and county were not liable for
alleged negligence in failing to communicate to court that motorist had
successfully completed "drinking and driving evaluation program,"
resulting in issuance of a bench warrant for his arrest. Shea v. County
of Erie, 609 N.Y.S.2d 473 (A.D. 1994).
273:138 Arrestee's mere denial that he sold
cocaine to undercover officer was insufficient to bar summary judgment
to officer in civil rights lawsuit claiming that officer lied in affidavit
used for two arrest warrants naming arrestee as drug seller. Moody v. St.
Charles County, 23 F.3d 1410 (8th Cir. 1994).
{N/R} Detective who obtained arrest warrant
allegedly on the basis of knowingly false information was not entitled
to qualified immunity. Kelly v. Curtis, 21 F.3d 1544 (11th Cir. 1994).
{N/R} Florida law authorizing use of reasonable
force to enter house to make arrest pursuant to arrest warrant was facially
constitutional but unconstitutionally applied to residence of third party.
McClain v. Crowder, 840 F.Supp. 897 (S.D. Fla. 1994).
City and county could not be held liable
for inadequate training of officers in the need for probable cause for
an arrest when officer who presented affidavit for arrest warrant was himself
entitled to qualified immunity because he acted as a reasonable officer
in doing so on the basis of information he had at the time. Kohl v. Casson,
5 F.3d 1141 (8th Cir. 1993).
False arrest suit brought by arrestee taken
into custody pursuant to warrant was not barred by sovereign immunity under
Florida state law. Thomas v. Florida Game and Fresh Water Commission, 627
So.2d 541 (Fla. App. 1993).
Affidavit for arrest warrant provided probable
cause for arrest of fraternity "pledge" as suspected rapist;
failure to note minor discrepancies in description and other information
in affidavit did not undermine probable cause when victim positively identified
suspect from photographic array as the man who allegedly raped her at a
fraternity party. Lallemand v. University of Rhode Island, 9 F.3d 214 (1st
Cir. 1993).
Oklahoma arrest warrant gave Arkansas law
enforcement officers probable cause to arrest suspect in Arkansas, even
if warrant was not in their possession. Brock v. Logan County Sheriff's
Dept. of Ark., 3 F.3d 1215 (8th Cir. 1993).
Resident of another state in Arkansas to
testify in a civil trial was not immune from arrest while there despite
having received a subpoena, when subpoena was not enforceable under state
law; arrestee's false arrest/malicious prosecution suit properly dismissed.
McNees v. Mountain Home, Ar., 993 F.2d 1359 (8th Cir. 1993).
Deputy liable for $50,000 to arrestee for
copying information from NCIC report onto arrest report and affidavit for
fugitive warrant rather than seeking to obtain information from her or
her driver's license; woman arrested as wanted fugitive and extradited
to other state was not the fugitive sought and did not match the description
given on NCIC report. Cannon v. Macon County, 1 F.3d 1558 (11th Cir. 1993).
State trooper liable for $375,000 to man
mistakenly arrested as car driver who engaged in videotaped incident in
a highway rest area rest room; trooper failed to investigate car owner's
explanation that she had lent the vehicle to her brother, instead encouraging
issuance of arrest warrant for her husband as the offender. Flones v. Dalman,
502 N.W.2d 725 (Mich. App. 1993).
Officers did not violate arrestee's constitutional
rights by arresting him pursuant to a facially valid arrest warrant issued
by another town, even if they allegedly learned facts concerning the charges
which called the arrestee's guilt into question. Bourgon v. Post, 594 N.Y.S.
2d 835 (A.D. 1993).
Police officer was entitled to qualified
immunity for utilizing uncorroborated statements of three informants to
obtain warrant for arrest of former correctional officer on charges of
aiding and abetting inmate's escape; later decision by prosecutor not to
proceed with prosecution did not alter determination of probable cause
by judge who issued warrant. Hoffman v. Reali, 973 F.2d 980 (1st Cir. 1992).
Non-expert voice identification by officer
based on 60 second tape made with hand held tape recorder and presence
of arrestee's name and address on rolodex of gambling premises was insufficient
to entitle officer to qualified immunity on suit brought against subsequent
arrest with warrant. Ricci v. Urso, 974 F.2d 5 (1st Cir. 1992).
Arrestee's claim that undercover officers
arrested him without cause, beating him until he passed out while handcuffed,
and his wife's claim that another officer pointed a gun at her and her
daughter and threatened to kill her husband were sufficient to state causes
of action for violation of civil rights. Murphy v. Lancaster, 960 F.2d
746 (8th Cir. 1992).
State trooper was entitled to qualified immunity
for affidavits to obtain arrest warrants when probable cause for arrests
would still exist even if affidavits were amended to include information
plaintiffs complained he omitted. Cartier v. Lussier, 955 F.2d 841 (2nd
Cir. 1992).
Texas appeals court overturns $25,000 award
to man arrested on warrant mistakenly not withdrawn; warrant was not "tangible
personal property" so its misuse was not actionable under state Tort
Claims Act. Jefferson County v. Sterk, 830 S.W.2d 260 (Tex. App. 1992).
Police officers were entitled to qualified
immunity for entering homeowner's house and detaining him while executing
a warrant intended for his son, who had the same name. Mensh v. Dyer, 956
F.2d 36 (4th Cir. 1992).
Officers who refused to release arrestee
detained on the basis of computer listing of arrest warrant until receipt
of teletyped confirmation that warrant was withdrawn were entitled to qualified
immunity. Duckett v. City of Cedar Park, Texas, 950 F.2d 272 (5th Cir.
1992).
Pawn shop employee's refusal to let officer
take possession of stolen ring after he voluntarily displayed it to officer
justified obtaining arrest warrant. Loustalot v. Rice, 764 F.Supp. 1080
(M.D. La. 1991).
Man arrested upon warrant based on sworn
complaint of his wife could not sue for false arrest; valid warrant precluded
lawsuit; officer's alleged amorous interest in arrestee's wife did not
alter result. St. John v. Town of Marlborough, 558 N.Y.S. 2d 332 (A.D.
1990).
Officer did not violate plaintiff's fourth
amendment rights by arresting her without warrant for misdemeanor committed
before he was present. Barry v. Fowler, 902 F.2d 770 (9th Cir. 1990).
Teletype message from department of corrections
provided probable cause to arrest man for escape, despite claim that warrant
was invalid. Brooks v. City of Dothan Police Department, 562 So.2d 162
(Ala.).
Man mistakenly arrested because of felony
warrant for suspect with the same name did not suffer a constitutional
deprivation because of city's failure to implement a more effective suspect
identification system. White v. City of Muskegon, Mich., 749 F.Supp. 829
(W.D. Mich. 1990).
Sheriff who applied for warrant for father
arrested for alleged kidnap of his daughter was entitled to qualified immunity.
Lowrance v. Pflueger, 878 F.2d 1014 (7th Cir. 1989).
Arrest of "psychic surgeon" with
valid warrant enforcing valid statute did not violate first amendment religious
freedom. Farley v. Henderson, 875 F.2d 231 (9th Cir. 1989).
Man mistakenly arrested for bank robbery
which was filmed awarded $304,355; city liable for inadequate training.
Clipper v. Takoma Park, 876 F.2d 17 (4th Cir. 1989).
City violated detainee's constitutional right
to prompt judicial hearing by detaining him two days without arraignment
Willis v. Bell, 726 F.Supp. 1118 (N.D.Ill. 1989).
Detention of intoxicated arrestees for 19
hours without probable cause hearing because they were too drunk to be
interviewed was not unreasonable Kanekoa v. City and County of Honolulu,
879 F.2d 607 (9th Cir. 1989).
Issuance of warrant for arrest of 42-year-old
woman with similar name to 24-year-old suspect in drug offense was objectively
unreasonable. Tillman v. Coley, 702 F.Supp. 1571 (M.D. Ga. 1989).
Deputy sheriffs not liable for making arrest
under bench warrant which had been recalled. Mitchell v. Aluisi, 872 F.2d
577 (4th Cir. 1989).
Officer's failure to follow policy and procedure
in making arrest on warrant did not deprive him of good faith defense.
Edwards v. Baer, 863 F.2d 606 (8th Cir. 1988).
Later discovery of outstanding arrest warrant
would not purge taint of earlier allegedly illegal arrest. Bruce v. Perkins,
701 F Supp. 163 (N.D.Ill. 1988).
Arresting officers not liable for three arrests
of man with same name, birth date, address and physical description as
named in warrant. Lopez v. City of Oxnard, 254 Cal. Rptr. 556 (Cal. App.
1989).
Officers not liable under Section 1983 for
arresting woman whose description did not match the description on the
warrant; state action is required in alleging careless execution of warrant.
Johnson v. Miller, 680 F.2d 39 (7th Cir. 1982).
Officer did not violate plaintiff's right
when he arrested man pursuant to a warrant instead of issuing him a summons.
Hearn v. Hudson, 549 F.Supp. 949, (W.D. Va. 1982).
False arrest and imprisonment suit dismissed
since arrest was made pursuant to valid warrant. Benjamin v. United States,
554 F.Supp. 82 (E.D. N.Y. 1982).
No liability for officers' arrest with warrant
based on witness identification. Land v. Teeple, 425 So.2d 237 (La. App.
1982).
Officers properly arrested suspect pursuant
to warrant; not all items in home were properly seized. Thomas v. Maxan,
563 F.Supp. 178 (N.D.Tex. 1983).
Officer could be liable for failing to investigate
whether warrant information was correct when he arrested wrong man with
same name on warrant. Dennis v. State, 467 N.Y.S. 2d 737 (App. 1983); affirming
449 N.Y.S. 2d 602.
No liability for arrest of plaintiff and
search of his home; good faith defense afforded sheriff. Cotner v. Sharp,
567 F.Supp. 888 (W.D. Okl. 1983).
Complaints serve as probable cause to arrest
"peeping tom." Armstead v. Town of Harrison, 579 F.Supp. 777
(S.D. N.Y. 1984).
City and mayor liable for malicious arrest
of college president. Thomas v. Sams, 734 F.2d 185 (5th Cir. 1984).
Over $200,000 awarded against city for arrest
of wrong person. Hernandez v. Salt Lake, 686 P. 2d 251 (Nev. 1984).
Mistaken arrest not grounds for recovery.
Gero v. Henault, 740 F.2d 78 (1st Cir. 1984).
Trooper accused of abusing his status to
obtain property for friend. Hunt v. Chapman, 458 So.2d 206 (La. App. 1984).
Arrest based on out-of-state warrant is valid.
Mitchell v. Windham, 469 So.2d 381 (La. App. 1985).
Arrest with warrant upheld. Rivera v. County
of Monroe, 482 N.Y.S. 2d 164 (A.D. 4 Dept. 1984).
Plaintiff alleges police chief knew or should
have known he was in jail at the time informant linked him to drug transaction.
Olson v. Tyler, 771 F.2d 277 (7th Cir. 1985).
City must face liability as would private
corporation for employee's act; dissenting judge says decision improperly
applies respondent superior. Longfellow v. City of Newark, 480 N.E. 2d
432 (Ohio 1985).
No liability for clerical error resulting
in false arrest; no liability for minor child's detainment at police station.
Thibodeaux v. Arceneaux, 618 F.Supp. 24 (D.C. La. 1985).
No showing officer hypnotized victim for
statements. Conley v. Whitener, 617 F.Supp. 36 (D.C. Mo. 1985).
Court reverses judgment; city not liable
over wrong address printed on warrant. Davis v. City of Syracuse, 498 N.Y.S.
2d 355 (1985).
Oregon establishes liability rule on false
arrest suits when wrong person is arrested. Pierson v. Multnomah County,
718 P. 2d 738 (Or. 1986).
High state court rules officer not immune
for arrest of person he believed to be named in warrant. Kane v. Anderson,
509 A. 2d 656 (Me. 1986).
Police chief could be liable for failure
to establish guidelines for criminal investigations, and for failure to
investigate officer's background. Woodley v. Town of Nantucket, 645 F.Supp.
1365 (D. Mass. 1986,).
Sheriff not vicariously liable for deputies'
torts; one- year limitation period applies in mistaken arrests pursuant
to warrant. Green v. . County of Fulton, 511 N.Y.S. 2d 150 (A.D. 3 Dept.
1987).
Good faith defense is a question for the
jury in mistaken arrest suit; county not liable for acts of sheriff or
deputies. Delk v. Bd. of Com'rs of Delaware County, 503 N.E. 2d 436 (Ind.
App. 1987).
Arrest of individual whose name, race and
year of birth corresponded to individual named in warrant was reasonable,
even though address and birth date was different. Patton v. Przybylski,
822 F.2d 697 (7th Cir. 1987).
Arrest of individual whose name matched suspects
alias, was same race and had birth date only 12 days apart from that of
suspect was reasonable. Brown v. Patterson, 823 F.2d 167 (7th Cir. 1987).
No liability for making arrest on basis of
information in computerized system or detaining arrestee until determining
fingerprints did not match person's named in warrant. Howard v. Regional
Transit Authority, 667 F.Supp. 540 (N.D.Ohio 1987).
Warrant invalid on its face when it did not
state the name of the issuing court. Titus v. Hill, 521 N.Y.S. 2d 932 (A.D.
1987).
Deputies not liable for arrest of parents
for sexual abuse of children; entitled to qualified immunity. In Re Scott
County Master Docket, 672 F.Supp. 1152 (D. Minn. 1987).
City not liable for arrest of man based on
statements of two witnesses positively identifying him as robber, despite
their later inability to identify him at lineup. Romeo v. County of Oneida,
523 N.Y.S. 2d 318 (A.D. 1987).
Officer had probable cause to arrest man
for driving while intoxicated; car does not have to be moving for violation.
Moll v. Nichols, 679 F.Supp. 191 (N.D.N.Y. 1988).
Arrest warrant containing "John Doe"
general description of defendant was insufficient; supplementation of warrant
by information contained in attached documents not allowed. McIntyre v.
State, 530 N.Y.S. 2d 898 (A.D. 1988).
Officer liable for making false statements
which prosecutor utilized in seeking arrest warrant. Drake v. Lawrence,
524 N.E. 2d 337 (Ind. App. 1988).