S.D.Fla.: Ptf sufficiently pled a civil Franks claim that survives summary judgment and QI

Plaintiff sufficiently pled a civil Franks claim that survives summary judgment and qualified immunity. Wooden v. Armenteros, 2019 U.S. Dist. LEXIS 106113 (S.D. Fla. June 25, 2019).*

“At this stage of the proceedings, viewing the evidence in the light most favorable to the Plaintiff, the Defendants did not use excessive force. At the time of the pursuit, the officers believed that a taxi-cab driver had been shot by one of the fleeing suspects. As a result, Defendant Hardy reasonably believed that Plaintiff was armed and dangerous and deployed his K-9 until he had the Plaintiff’s hands secured.” Thus, the officer gets qualified immunity. Eberhardt v. Bradshaw, 2019 U.S. Dist. LEXIS 106114 (S.D. Fla. June 24, 2019).*

The affidavit for the search warrant was missing some material things, but adding them in showed that there was still probable cause and, thus, qualified immunity. Kapinski v. City of Albuquerque, 2019 U.S. Dist. LEXIS 105447 (D. N.M. June 24, 2019).*