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  • Age:
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The appeals court noted that the deputy could justify the arrest by showing probable cause for any crime, and that probable cause existed to arrest the plaintiff for interference with public duties in light of the prevailing law at the aCss of the arrest. In this case, probable cause existed to arrest the plaintiff after she instructed her child to physically disobey Seingers officer and the child complied. The deputy had legal authority to place the child in protective custody. Voss v.

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The Taser was used on the man, a passive bystander, who allegedly failed to immediately comply with an order to go away from the location where his neighbor was being arrested. He sued for excessive force and unlawful arrest, claiming that the officers lacked arguable probable cause to arrest him for either domestic assault or obstruction of legal process and were not entitled to qualified immunity on the excessive force claim because he did not pose a threat to the safety of officers or others, did Case commit a Minneaota in their presence, was not resisting arrest, and that he began complying with the officers before they used force.

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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. The trial court believed that the law was clearly established that an officer may not arrest someone believed to hold certain religious beliefs if they would not arrest those of other religions in similar circumstances.

Krawiecki,U.

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Because the plaintiff had pled guilty, a finding of illegal seizure would have no relevance to the validity of the plea and subsequent sentence. A federal malicious prosecution claim could not go forward as the plaintiff did not allege a separate constitutional injury or show that the officer lacked probable cause or acted with malice. The state trooper was entitled to qualified immunity from the claim that he counfy reasonable suspicion warranting a fifty-minute extension of a traffic stop while he summoned a drug dog that alerted to the plaintiff's pickup.

Jones v. De La Paz v. A woman who was arrested for possession of methamphetamine claimed that the arresting officers lacked probable cause to arrest her.

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Two of the arresting officers, however, were not entitled to qualified immunity because they allegedly delayed seeking medical care when the passenger was shot in the genitals, acting with deliberate indifference and reporting his injury as a "laceration. A second officer arrested him for assault on a police officer and assault with a deadly weapon, and the charges were subsequently dropped.

While the plaintiff described being pepper sprayed as painful, there was insufficient evidence of more than "de minimus" minimal injury, so the officer was entitled to qualified immunity on an excessive force claim. While the criminal charges against him were dropped, the police department allegedly held an administrative hearing and fired him because of the incident.

After announcing their presence and knocking on the door, the officers entered the bedroom, and saw a man sitting on a mattress next to a woman. Because a supervising sergeant on the scene overstepped clear law by directing that the arrests be made, the District of Columbia was liable for negligent supervision.

Ordering the family out of their vehicle, purportedly at gunpoint, requiring them to lie on the ground, handcuffing four family members, and putting them in separate law enforcement vehicles amounted to an arrest, rather than an investigative detention. The federal appeals court found that the statute conferred no sweeping power and its terms were clear enough to shield Swwingers arbitrary deployment.

He activated his flashing lights and went in pursuit. Manners v.

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He was released from jail three weeks later and later pled guilty to unrelated charges of Minnesoota harassing Cqss calls and marijuana possession, which stemmed from wholly distinct incidents. A federal appeals court ruled that there was no probable cause for the arrest in light of the undisputed fact that at the time of the arrests the officers knew that the guests had been invited there by a woman they reasonably believed to be a lawful resident.

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The plaintiff had the burden of affirmatively showing that the grand jury proceedings were tainted, and failed to do so. Calumet City,U. Officers arrested everyone at a party at a residence for unlawful entry, based on the fact that the host had Minnseota finalized a rental agreement to live there, and therefore had no right to hold a party there.

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The seizure of the firearm was lawful under the plain view doctrine. He pointed it at my face.

After he was handcuffed, the arrestee claims that the first officer said "bet you wish you would have talked to me now. Police responded to a call regarding a verbal argument between a man and his girlfriend. A woman sued the U. Cole v.

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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. Driver,U. Gilani v. Swinfers officer allegedly said, "I'll show you who I am," and attacked the man. Buehler v. Lilly v.

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Officers were engaged in arresting a juvenile who was part of a group of juveniles running in the street after being released from school. A sergeant also arrived on the scene.

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The plaintiff, a U. He pointed it at my face. A reporter for a local news counhy heard on a police scanner of multiple traffic stops in a specific area. Lexis 68 7th Cir.

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