CA11: Arguable probable cause entitles the officer to qualified immunity, here for a mental health seizure

Arguable probable cause entitles the officer to qualified immunity, here for a mental health seizure. May v. City of Nahunta, 2016 U.S. App. LEXIS 20501 (11th Cir. Nov. 15, 2016), same result on rehearing, May v. City of Nahunta, 2017 U.S. App. LEXIS 985 (11th Cir. Jan. 19, 2017):

Here, we conclude that, at its inception, Officer Allen’s action in seizing May for a psychological evaluation was justified. “[T]o be entitled to qualified immunity from a Fourth Amendment claim, an officer need not have actual probable cause, but only ‘arguable probable cause'”—that is, “the facts and circumstances must be such that the officer reasonably could have believed that probable cause existed.” Montoute v. Carr, 114 F.3d 181, 184 (11th Cir. 1997). Based on the evidence, we hold that Officer Allen had arguable probable cause to seize May for a psychological evaluation.

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