CA5: Ptf loses on his civil Franks claim because of a lack of materiality to PC

The affidavit for arrest warrant failed to include information that would undermine the credibility of the police informant, but the court finds that the omission was not material and there was other information that supported probable cause. Therefore, the officer gets qualified immunity in a civil Franks claim. Davis v. Strain, 2017 U.S. App. LEXIS 1148 (5th Cir. Jan. 23, 2017).

The district court properly denied the officer summary judgment on plaintiff’s Fourth Amendment excessive force claim because no reasonable officer could have concluded that it was lawful to forcibly pull plaintiff, a cooperative, non-aggressive driver suspected of having a suspended license, from the driver’s seat and slam him against his car. Folks v. Petitt, 2017 U.S. App. LEXIS 1348 (6th Cir. Jan. 23, 2017).*

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