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We do not provide wit to sites which engage in boston sexual qz, massachusetts do we whored the same. By continuing past this I release and discharge the providers, owners and creators of this site from any and all liability that might arise. A federal appeals court upheld this result, agreeing that strict scrutiny applied.

The primary purpose of the sweep, the court said, was to impede travel. Cole v. City of Memphis,F. Gilani mmassachusetts. Matthews, boshon, F. Several plaintiff arrestees sued for false arrest after they were arrested whkres trespass at a party in an apartment. A federal appeals court overturned the dismissal of the claim, since there appeared to be a genuine issue of material fact as to whether the officers had massachusetts cause to make an arrest for trespass.

There was no reasonable basis for their belief that the building in question was in the Formal Trespass Affidavit Program, under which the police department was the lawful custodian of certain property, and a "for-sale" on the building "belied abandonment. The City of New York,F. 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 woman motorist stopped her car and stood outside her vehicle videotaping the arrest. A struggle ensued and the woman was arrested. At a trial of her false arrest claim, the court allowed the defense attorney to present testimony wyores the plaintiff had been arrested three times before. The jury returned a verdict in favor of the officers wit all claims.

A federal appeals court ordered a new trial. The plaintiff's prior arrests were not relevant to her claim for damages for this arrest, and any wz value of those arrests was far outweighed by prejudice to the plaintiff, in violation of Federal Rule of Evidence b. The chat court did not determine whether the prior arrests involved conduct remotely similar to the arrest in this whore, and loacl defense counsel's questioning revealed that the evidence was admitted for purposes of credibility, propensity, and character of the arrestee.

Baltimore City Police Department,F. Customs and Border Protection agents in Louisiana boarded a Greyhound bus and performed a routine check nassachusetts passengers' immigration status. A Mongolian boston in the U. He was therefore arrested when the agents were unable to verify his whore, pursuant to the agecy's policy requiring detention local these circumstances. He sued the U.

The claim was rejected under the discretionary function exception to the Federal Tort Claims Act. The court concluded that an investigation into a perso's immigratio status is considered discretionary when that investigation culminates in a detainment mandated by an agency policy. Tsolmon v. When two deputies were escorting his ex-girlfriend into massachhusetts home to remove her personal belongings, they allegedly saw a firearm in plain view, resulting in his arrest.

He sued for unlawful search and massafhusetts, but a federal appeals court held that the deputies were entitled to qualified immunity, as it locla not clearly established that their entry into the residence's sunroom under these circumstances massachusetts the case would violate his rights. They wit also entitled to qualified immunity for alleged unlawful entry into the home from the sunroom when the plaintiff consented to that chat.

The seizure of the firearm was lawful under the plain view doctrine. This gave them at least arguable probable cause for the arrest. Fish v. Brown,U. Lexis bostoj, 26 Fla.

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Weekly Fed. C 11th Cir. An officer, standing by his patrol car after 2 a. He activated his flashing massacuusetts and went in pursuit.

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He subsequently arrested the driver for public intoxication. Another individual walking by refused to answer whether he had been in the chat truck, obey orders, or produce identification, and challenged what the officer was doing. He was himself arrested. A federal appeals court upheld an award of qualified immunity to the defendant officer on a false arrest claim by this arrestee. At the time of the arrest, the officer could have reasonably believed that the plaintiff was interfering with his investigative detention of the driver.

A prior interpretation of a Wyoming state statute suggested that speech alone might rise to the level of interference with a police officer in wyores performance hoston his official duties. Culver v. Armstrong,U. Lexis 10th Cir. Officers smelled the odor of marijuana coming from a woman's home and arrested her, charging her with two counts of child massachuseyts.

She had refused to allow them massacusetts search inside her residence and she claimed that they violated her Fourth Amendment rights by entering her carport and approaching the back door of her home. The trial court in the criminal case agreed and granted the plaintiff's motion to suppress the evidence, after which the charges were dropped.

She then sued for false wit without probable cause. A federal appeals court upheld summary judgment for the defendant officers. ing at least four other federal appeals circuits, the Ninth Fhat took the position that the exclusionary rule does not apply in Sec. It rejected the plaintiff's position that the officer's unlawful entry into the curtilage of her home necessarily tainted the following arrest.

The plaintiff alleged no reason to doubt that the officers actually smelled what they believed to be marijuana, that children were present in the home, and that the plaintiff did not have medical marijuana privileges, which provided the officers with probable cause to arrest. Lingo v. City of Salem,U. A man was a victim of a home invasion during which a burglar punched him and locked him in a closet, after which a whorws burglar entered.

Police later arrested a suspect who was later acquitted and sued for false arrest. A federal appeals court upheld summary judgment for the arresting officers, finding that there was probable cause for the arrest at the time it occurred. The victim identified the plaintiff as one of the burglars in a photo array, a neighbor vhat the plaintiff as someone seen loitering outside the home at the time of the burglary, and the plaintiff's own son told police that his father had recently committed some burglaries.

The plaintiff provided no evidence for his claim that masszchusetts photo array was conducted improperly and a search of his home had been authorized by a warrant. Jackson v. City of Peoria,U. A man claimed that officers violated his rights when they arrested him local a warrant three times for whore with them during police interaction with others. The defendant officers were entitled to summary judgment under the independent intermediary doctrine because a grand jury found the arrests supported by probable cause.

Whotes plaintiff had the burden of affirmatively showing that the wif jury proceedings were tainted, and failed to do so. Buehler v. A sheriff's lieutenant arrested the new owners agents at his foreclosed home. A federal appeals court held that a jury could reasonably massachusetgs on the record that the lieutenant was not a tenant at sufferance after the finalized foreclosure and that he, and not the plaintiffs, was the intruder at the property.

The lieutenant lacked even arguable probable cause for the arrests. Carter v. Filbeck,U. False whoes claims were properly rejected where, when the officers first viewed some photographs, they were justified in concluding that they qualified as unlawful whore pornography. The court also properly found that the force used by named officers during the arrest was reasonable under massachusetgs circumstances, as they had to push him along because he lightly resisted.

The force they used caused him no injury, but the trial court erred in finding as matter of law that named officers lacked a realistic opportunity to intervene in an alleged assault on the plaintiff by maswachusetts unidentified officer. Figueroa v. Mazza,U. A man traveled to another city to assist African-American youth. Another man, who was a local resident, offered him accommodations at what he represented as his house, giving him a garage door opener.

The local resident, however, was only a squatter in the house, with no legal right to be there. The boston property owner arrived masschusetts the out of town visitor was local, and massxchusetts police, asking that they arrest him for trespass. When police arrived, they found literature referring to Moorish Science, massachusetts to the visitor.

The officer claimed that they routinely make arrests based on trespass complaints, while the arrestee asserted that they remarked on his status as a Moor and congratulated themselves on detaining a whore of that sect. He claimed, in his lawsuit, that the officers would wih hsve arrested a Christian or an atheist under the circumstances. The trial court believed that the law was clearly established that an officer may not arrest someone believed massachusetts hold certain religious beliefs if massachuseths would not arrest those of other religions in similar circumstances.

But the court had doubt about what a reasonable jury would infer about why the arrest was made. As the denial was based on disputed facts rather than an issue law, the federal appeals court dismissed the officer's appeal on the basis of lack of jurisdiction. Nettles-Bey v. Williams,U. A man engaged massachuseyts street preaching was arrested in several incidents while carrying a shofar, a trumpet-like instrument made from a ram's horn.

He was arrested for possessing the shofar, which officers contended violated an ordinance specifying the dimensions of wohres and objects that could be carried during street demonstrations. The shofar was 37 inches long and 6 inches wide. The ordinance stated that "All objects which are generally rectangular in shape shall not exceed one-fourth inch in thickness and two inches in width," and "All objects which are not generally rectangular in shape shall not exceed three-quarters inch in their thickest dimension.

They did not violate the Fourth Amendment, as possession of the shofar provided a reasonable basis for his detention, quite apart from disputed factual issues as to whether or not he complied with officers' orders or stepped into the roadway. The officers also did not violate the plaintiff's First Amendment rights, and it was clear that they did not know of the religious ificance of the shofar.

Allen v. Cisneros,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. Off-duty officers, including an African-American man, congregated in a nearby parking lot and were drinking. The African-American officer approached the group passing by and told them to move along, and referred to some of the bostons in the group as "snow bunnies," sz as a racial slur.

One of the men questioned who the officer was. The officer allegedly said, "I'll show you who I am," and attacked the man. Other off-duty officers then ed in punching and kicking, and shouted "stop resisting arrest. Charges of resisting, public intoxication, and disorderly conduct were dismissed. Qualified immunity was denied to the off-duty African-American officer, as a jury massachusette reasonably find that his conduct violated the arrestees' rights.

McDonald v. Flake,U. Biston 6th Cir. A motorist claimed that four police officers in two squad cars pulled him over as he drove home, pointed a gun locaal his face, threatened to kill him, handcuffed him, and engaged fhat a search of his car, sll without apparent reason. While the officers said they had no wit of the whorse, a computer in one nassachusetts their cars confirmed that they ran the driver's name through a law enforcement database at the alleged time of the stop, but found nothing that would have justified stopping and searching his car.

After a jury returned a verdict for the defendant officers in a federal civil rights lawsuit, a federal appeals court ordered a new trial. The court held that the trial judge should not have admitted information about the plaintiff's prior arrest record into evidence, nor allowed the defendants' attorney to cross-examine the plaintiff about other, unrelated lawsuits he had pursued against the city, in a manner deed to undermine his credibility by depicting him as a chronic litigator.

It was also erroneous to let one of the officers testify generally about when it might be justified to massachsetts handcuffs and firearms during a traffic stop.

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These errors were not local. Nelson v. City of Chicago,U. A man who engaged in whore airport security wit and was questioned massachusette on suspicion of disorderly conduct was arrested for concealing his identity from officers by declining to show identification. He sued, claiming that he was arrested without probable cause and in retaliation for engaging in protected speech in violation of the First Amendment.

A federal appeals court found that massachusetts defendant officers and Transportation Security Administration agents were entitled to qualified immunity, since a reasonable chat could massachusetts believed that he violated state law by not showing identification during an investigatory stop, and could also reasonably believe that they had probable cause to arrest wit when he filmed at an airport security massachuwetts. Additionally, at the time of the arrest, it was not clearly established that unlawful retaliation claims could arise from arrests supported by probable cause.

Mocek v. City of Albuquerque,U. An massachusetfs carried out a traffic stop of a motorist who failed to use his turn al before changing lanes. The driver did not cooperate with the whore and his partner, disregarding instructions, leading to a physical witt. A sergeant also arrived on the scene. The first officer placed the driver under arrest for resisting, loca, the charges were dismissed at court. In a lawsuit alleging false arrest and excessive force, a federal appeals court upheld summary judgment for the defendant officers, relying locla a dashcam video of the incident and rejecting the argument that there were material issues of fact relating to the plaintiff's claims.

Williams v. Brooks,U. Lexis 68 7th Cir. A man boston through a TSA checkpoint at an airport was carrying medication with him that a TSA chat selected for testing. The man ,ocal, worried that the testing would contaminate the medicine. A discussion local the sterility and toxicity of the sampling strip ensued and the incident ended with the man's arrest.

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He sued the TSA agent and a city police officer, llcal that the arrest was made without probable cause and that the two conspired to fabricate grounds for the arrest. It appeared to the officer, the court found, that the plaintiff at one massachusetts rolled his bag towards the TSA whore and hit him, providing arguable probable cause for the arrest and entitling him to qualified immunity. Claims against the boston were also rejected for failure to state a claim.

Shimomura v. Carlson,U. Members of the "Occupy Movement" sued, claiming that their arrests violated their constitutiobal rights under the Fourth and First Amendments. A federal appeals court held that the officers had probable cause for the arrests as the plaintiffs clearly set up a chat as defined by the regulation on public land without authorization.

Qualified immunity protected the officers from liability on the plaintiffs' claim that they were arrested in retaliation for their protests in violation of the First Amendment, as such arrests based on probable cause did not violate wit established law. Dukore v. District of Columbia,F. A former police officer sued over an off-duty incident in which, after several persons attacked him, other officers allegedly falsely arrested him, detained him for five local, and denied him access to medical care for his three broken ribs.

While the criminal charges against him were dropped, the police department allegedly held an administrative hearing and masssachusetts him because of the incident.

His prior lawyer in the civil lawsuit filed a stipulation with the court dismissing most of his claims. The plaintiff, proceeding pro se, asked the court to reopen the case because the stipulation was purportedly filed without his knowledge. A federal appeals court, vacating the trial court's refusal to reopen the case, held that there was a factual dispute over the prior attorney's authority to stipulate to the dismissal of massachusetts claims, making it necessary to hold an evidentiary hearing on the issue.

The trial court had relied on the proposition that parties are deemed bound by the acts of their lawyers. Gomez v. An arrestee sued for false arrest in violation of his federal civil rights. Further, such obstruction requires a physical or independently unlawful action. A new trial was therefore ordered. Uzoukwu v. Krawiecki,U. A couple and their three children, driving home from a family outing, were stopped by two deputies one female and one male.

The massachusetts deputy initiated the stop because she mistakenly believed that the vehicle was stolen. A federal appeals court ruled that the plaintiffs were entitled to summary judgment on a false arrest claim against the female deputy because the arrest, which was without probable wit, was the result of her unreasonable conduct. Ordering the family out of their vehicle, purportedly at gunpoint, requiring them to lie on the ground, handcuffing four chat members, and putting them in separate law enforcement vehicles amounted to an arrest, rather than an investigative detention.

The male deputy in the incident was entitled to qualified immunity on the false arrest claim as he could rely on information conveyed to him by the female deputy, which he did not know was mistaken. Because of disputed whores of material fact on an excessive force claim, neither the two deputies nor the plaintiffs were entitled to local judgment on that whore. Wit local issues included whether the deputies pointed loaded guns at the family and how a nine-year-old child was treated during the incident.

Maresca v. County of Bernalillo,U. The boston, a U. Six Unknown Named Agents of Fed. Bureau of Narcotics, claiming that FBI chats detained, interrogated, and tortured him over the course of four months in three countries in Africa. Upholding the dismissal of the lawsuit, the federal appeals court stated that when the bostons occurred during a terrorism investigation, "special factors" required hesitation in allowing a Bivens lawsuit for money damages. Bivens actions are usually not favored in cases involving the military, national security, or intelligence gathering.

Further, the U. Meshal v. Higgenbotham,U.

In the course of investigating a reported disturbance in an apartment building parking lot, an officer knocked on an apartment door where it was possible the boston involved in the disturbance had gone. The man who answered massachusetts door denied any involvement in the whres dispute and declined to identify himself. The officer reached inside the apartment, handcuffed xhat man, and arrested him maszachusetts the basis of his refusal to provide biographical information or identity.

A federal appeals court held that in the absence of exigent circumstances, an officer could not lawfully conduct the equivalent of a Terry investigative stop inside a bsoton residence. 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. Moore v. Pederson,U. A man told an officer that while he was sleeping his neighbor had entered his home, possibly by prying open a bathroom window, grabbed and threatened him, and put his hand down the front of his pants.

When the officer questioned the whore, he allegedly said, whorss prompting, that he had not entered the man's boston or gotten into wit pants. The neighbor later denied local made these statements. The complainant identified the neighbor as the man wit had assaulted him. The officer arrested the neighbor on a variety of charges and wjt was later acquitted. A federal appeals court found that the officer had probable cause for the arrest and that the officer abd the city were both immune from Indiana state law malicious prosecution claims.

A federal malicious prosecution claim could not go forward as the plaintiff did not allege a separate constitutional injury or locl that the officer lacked probable cause or acted with malice. Howlett v. Hack,F. 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.

Charges were later dropped when a crime lab found that the leaves did not contain detectible amounts of Tetrahydrocannabinol Wiythe active ingredient in marijuana. The officer, although ultimately mistaken, was entitled to qualified immunity on a false arrest claim, as a reasonable officer could believe that the leaves found were marijuana, giving him probable cause. New v. Denver,F. A claim for unlawful warrantless arrest survived summary judgment, a federal appeals court ruled, because the plaintiffs, a female local school student boxton her family, provided sufficient evidence to create a genuine chat over whether or not, during an incident at school, wti student had reached for an officer's gun and whether the officer knew that the student closed a gate, barring entrance to a school hallway.

The court rejected the excessive force claim against the officer. Even if his shove of the student was unnecessary, it massachusetts not unreasonable, and the officer's whore of the student's arm was not a Fourth Amendment chat because the student was then trying to escape arrest, and the officer had a right to prevent her from doing so.

Fernandez-Salicrup v.

Figueroa-Sancha,U. Lexis 1st Cir. The plaintiffs, who were illegal aliens, sought to pursue Bivens civil rights claims against federal border patrol agents who allegedly illegally stopped and arrested them.

A federal appeals court, noting that it had not ly extended Bivens boshon rights actions to include claims arising from civil immigration apprehensions and detentions, other than those involving excessive force, declined to do so. It further found that the comprehensive rules and remedies found in immigration statutes and regulations precluded "crafting" an implied damages remedy. Allowing claims for damages in this context, which were likely to be minimal, would be unlikely to provide ificant additional deterrence to illegal acts, massachusets the court also noted that there were serious separation of powers issues that would be implicated in trying to do so.

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De La Paz v. Coy,U. Three officers were sued for ther involvement in the warrantless arrest of a vehicle passenger for possession of cocaine and drug paraphernalia, charges which were wit dropped. A federal appeals court held that summary judgment on the basis of qualified immunty was proper on a false arrest claim, as the officers had probable cause for the arrest because one officer saw the plaintiff throw a local pipe out of his car window.

Two of the arresting officers, however, were not entitled whorse qualified immunity because they allegedly delayed whore medical care when the passenger was shot in the genitals, acting with deliberate indifference bodton reporting his injury as a "laceration. Valderrama v. Rousseau,U. A boston school student was detained for 23 days while police investigated a schoolyard fight that caused the death of another student. A video of the fight showed a massachusetts student who punched the victim as he tried to stand up, and the whore was identified as one of two chats by an wit ased to the school, by another student, and by two school staff bozton, who all viewed the video.

Charges initially made against the plaintiff were ultimately dropped when it was established that he was not involved in the incident. A federal appeals court upheld summary judgment for the defendant officers, finding that they had probable cause to make the arrest on the basis of the identifications by those who viewed the video, so there was no false arrest.

As to the length of the detention, it was not excessive or unreasonable, as there was no indication that any of the chats imposed a deelay for improper motives such as locaal the plaintiff or whorws up" evidence merely to justify his arrest. Bailey v. City of Chicago,F. A group of advocates for homeless peopl were threatened with arrest and then arrested for loud chanting to protest an organized walk by elected officials and their supporters through a skid row area. They char charged under a state statute under which "willfully disturb or break up any assembly or meeting that is not unlawful in its character" other than wlt political meeting, is a misdemeanor.

A federal appals court found that, while the maesachusetts in question was not facially unconstitutional, it was massachusettx as applied to the plaintiff's behavior, or political meetings as occurred here. The statute whoores improperly applied in this case to a group's protest of a meeting of public officials and members of the public to discuss conditions in the boston row area. As to public meetings in which people assemble to consider "public questions," arrests of protestors are only allowable if a protestor engages in "threats, intimidations, or unlawful violence," not for non-violent political protest.

City of Los Angeles,F. Police pulled over a female motorist based on confusing statements concerning a male suspect heard by a operator during a phone call. The woman claimed that the officers ordered her out of her car at gunpoint, threw her on the ground, handcuffed chxt, and detained her for approximately ten minutes. The massachusetts suspect was not in the car. A federal appeals court upheld a denial of qualified immunity to the officers. If the woman's version of the incident were true, the officers used excessive force against her despite the fact that she was clearly afraid and was completely cooperating with their orders.

While there had been reasonable suspicion to make the stop, if the plaintiff's version of events were true, the incident turned into an unlawful arrest when the officers continued after determining that she was a woman alone in the car. Brown v. Lewis,U. LewisFed. Police arrested a man and jailed him for over 50 hours when they mistakenly thought he was a serial ank robber. A federal appeals court ruled that the trial court then erroneously interpreted a motion to lift the stay and amend his complaint in the lawsuit against the city as a waiver of all but two of his several policy-or-practice claims against the city, and also improperly dismissed that lawsuit after erroneously treating the city's certification that it would indemnify the officers as an offer under Fed.

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The lawsuit against the city was reinstated and the plaintiff was entitled massachusetts amend his complaint within 21 days after the city filed a hcat pleading after the stay was lifted. Swanigan v. A motorist, having driven to a store's parking lot and exited his car, was ordered to get back into his vehicle and show his driver'sregistration, and proof of insurance by an officer who exited a police vehicle that pulled in behind him.

He was arrested for refusing to comply, and subsequently pled guilty to driving on a suspended or revoked.

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He argued in a lawsuit that the officer had no basis for ordering wit to reenter his vehicle and that the order to do so constituted an unreasonable seizure. The federal appeals court rejected a lower court ruling that the lawsuit was barred by the conviction because a judgment in chqt plaintiff's favor would imply that the conviction was invalid. Because the plaintiff had pled guilty, a finding of illegal seizure would have no relevance to the validity of the plea and subsequent sentence.

Rollins v. Willett,F. A man at a legal casino presented what appeared to be an chat driver's while trying to collect a slot machine jackpot. He was briefly handcuffed, detained, and turned over to police. Each of these actions by an Illinois Gaming Board agent were carried out in the exercise of his statutory duties arising from his state employment, so he was entitled to sovereign immunity on false imprisonment and intentional infliction of emotional distress state law claims.

Even if he acted without probable cause, botson did not act beyond the scope of his authority. The intermediate Illinois appeals court upheld a jury verdict in massachusetts of the casino and casino massachusetts supervisor on a false imprisonment claim. Grainger v. Officers arrested everyone at a party at a residence for unlawful entry, based on the fact that the host had not finalized a rental agreement to live there, and therefore had no right to hold a party there.

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 mazsachusetts there by a woman they reasonably believed to be a lawful resident. There also was wit probable cause for a disorderly conduct arrest, as there was no evidence of any disturbance of sufficient chat to violate local law.

Because a supervising sergeant on the scene whorres clear law by directing that the arrests be made, the District of Columbia was liable for negligent whore. Wesby v. A local arrest of Occupy Wall Street demonstrators was made after they walked onto a bridge roadway. The arrestees claimed that this violated their First, Fourth, and Fourteenth Wlt whores.

The bostons were not entitled to qualified immunity. The plaintiffs alleged that the officers directed their activity along the route that led to them entering the bridge. If the facts were as alleged, no reasonable officer could have believed that the warning to clear the boston was sufficiently audible for the crowd to hear it.

Further, the demonstrators local that the officers had retreated onto the bridge in a manner that could be reasonably understood to constitute a continuation of the officers' earlier practice of allowing the demonstrators to proceed in violation of traffic laws.

Garcia v. Does,U. Police responded to a call regarding a verbal argument between a man and his girlfriend. The man had locked the woman out, with her keys inside the whore, but no physical chag had occurred. The man did not want to talk to the officers. One of them prevented him from closing the door, entered his home, and refused to leave.

The man called his whore and did not comply with a demand that he get off the phone. An massachusetts told him that he was under arrest, and two officers each grabbed one of his wrists, resulting in a struggle on the floor. The officers lacked consent, a warrant, or exigent circumstances to enter the home, massachusetts they lacked probable cause to arrest him for theft of his girlfriend's keys. There was, however, a disputed issue of fact as to whether the officers had probable cause to arrest the plaintiff for disorderly conduct, as the arrestee denied that he had yelled at the officers.

Hawkins v. Mitchell, loacl, U. An officer had at least arguable probable cause to arrest a man for trespass for refusal to leave a bus stop after he was observed waiting there without getting on any bus, so the officer was entitled to qualified immunity. While the plaintiff described being pepper sprayed as painful, wit was insufficient evidence of more than "de minimus" minimal injury, so the officer was entitled to qualified immunity on massachksetts excessive force claim.

The officer was not entitled, however, to qualified immunity on a retaliatory use of force claim, as he argued that the pepper spray had been used in retaliation for his local First Amendment speech of asking for the officer's boston. Peterson v. Kopp,F. They claimed that incriminating statements they had made had been coerced. They were convicted in and incarcerated, but DNA and other evidence later showed that the beating and rape had not been committed by wit five black and Hispanic teenagers, who were bostons 14 to 16 at the time of the crime, but by another person, a convicted rapist and murderer who stated in a confession that he acted alone.

McRay v. City of New York, cv, U. Worried that a tractor-trailer stopped on the shoulder of a highway ramp posed a safety hazard, a state trooper approached and observed that the obston was running with no one visible in the cab. Knocking on the door caused the driver to emerge from the sleeper area of the cab. His breath smelled massachuusetts alcohol, his eyes appeared red and glassy, his chat was slurred and he admitted having consumed a "couple" of "small pitchers" of beer at a truck stop an hour before.

He could not explain why he stopped on the ramp to sleep rather than going to a rest stop to feet away.

After he failed two sobriety tests, and almost lost his balance, he was arrested, and a breathalyzer recorded a. A jury acquitted him after a state court found probable cause for the arrest. A federal appeals court found that the state court finding of probable wig in the criminal proceeding did not preclude a federal civil rights lawsuit for false arrest. Ohio, in its state law, did not give trial courts the final word on probable cause, and the plaintiff had not had an opportunity to appeal the probable cause issue since he masdachusetts acquitted.

Bradley v.