Bivens actions are usually not favored in cases involving the military, national security, or intelligence gathering. Figueroa-Sancha,U.
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The deputy was not entitled to qualified immunity on a false arrest claim, since, under applicable Arkansas state law, he reasonably should have known that an arrest for violation of the statute at issue required a showing that a person had a purpose Finf employ the handgun, knife, or club as a weapon against a person. City of Elkhart,U.
Lingo v. City of Jackson,F.
Even if he acted without probable cause, he did not act beyond the scope of his authority. All he did was make the remark, addressed to no one in particular, "Ah, this fucking bullshit" when observing several people carrying pro-Tea Party s entering a federal park.
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He was stopped for loud music and excessive Fibd. Police arrested a man and jailed him for over 50 hours when they mistakenly thought he was a serial ank robber. A Memphis, Tenn. Humphrey,U.
Uzoukwu v. Cloutier,F.
It was also erroneous to let one of the officers testify generally about when it might be justified to use handcuffs and firearms during a traffic stop. They claimed that incriminating statements they had made had been coerced.
Higgenbotham,U. Two African-American men and four female friends, some of whom were Caucasian, walked past a police precinct while leaving an entertainment district where they had spent the evening drinking.
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A federal appeals court declined to extend Bivens to cover these claims and remanded with respect to the 42 U. LewisFed. In the immediate case, the claims were that a federally deputized officer duped prosecutors hookere a grand jury into believing that the plaintiffs were part of a multistate sex-trafficking conspiracy.
City of Peoria,U. The federal appeals court found that the statute conferred no sweeping power and its terms were clear enough to shield against arbitrary deployment. Santopietro v. Stoner v. At the time of the arrest, Pembroje officer could have reasonably believed that the plaintiff was interfering with his investigative detention of the driver.
Brown v. There was probable cause to arrest the reporter, nullifying any retaliatory arrest claim under the First Amendment.
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A federal appeals court upheld the jury verdict. LexisFed App.
But in this case, since the law on that subject was not clearly established, the officer was entitled to qualified immunity on an unlawful arrest claim. City of Chicago,F. A federal appeals court upheld the dismissal. It was not objectively reasonable for police officers to believe that they had probable cause to arrest a man for obstruction when he stood in his own lighted doorway 30 to 40 feet away directing verbal criticism at the officers and telling them that his wife, who they were confronting in the driveway could not follow their instructions as she was disabled.
Culver v. Mazza,U. One of the officers was speaking with a group of attendees at the festival when the seemingly intoxicated plaintiff started shouting at them not to talk to the police.
Chambers,F. At the time, she was a passenger in her husband's car after midnight, and he was being arrested under a warrant.
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Altamirano,U. The officers were entitled to qualified immunity even if they lacked actual probable cause because a reasonable officer could have interpreted the law as permitting the arrests. When Animal Control arrived and spoke to the hoomers, he explained that he had shot at a trampoline with a BB gun to scare the cat. There was also a factual issue as to whether there had been probable cause to arrest the male plaintiff for obstructing an officer.
Officers smelled the odor of marijuana coming from a woman's home and arrested her, charging her with two counts of child endangerment. Nettles-Bey v.
Shimomura v. He was briefly handcuffed, detained, and turned over to police. Lewis,U.
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He admitted to having a gun and could have, at a minimum, been charged with felony unlawful use of a gun by a felon. A deputy pulled a hooers motorist Finv for an expired vehicle registration sticker, and the date on the sticker was different than that in the Secretary of State's records, so she was let go.
A motorist claimed that he was arrested for marijuana possession without probable cause when an officer found two leaves in his car during a consensual search during a traffic stop. A man who engaged in filming airport security procedures and was questioned there on suspicion of disorderly conduct was arrested for concealing his identity from officers by declining to show identification.