D.Md.: Conviction at trial despite reversal on appeal forecloses § 1983 false arrest case

Plaintiff was charged with OVI and was convicted at trial. On appeal to the next level he was found not guilty of that but convicted of evading an interlock device. He sued over the OVI arrest, and it is dismissed under Heck. His conviction conclusively established probable cause unless it was obtained by fraud, and it wasn’t. Mills v. Hassan, 2019 U.S. Dist. LEXIS 220363 (D. Md. Dec. 23, 2019).*

The district court properly denied the police officer qualified immunity because it was clearly established that the use of a chokehold on a non-resisting, restrained person violated the Fourth Amendment’s and separately Nevada state law’s prohibition on the use of excessive force. Tuuamalemalo v. Greene, 2019 U.S. App. LEXIS 38360 (9th Cir. Dec. 24, 2019).*

Plaintiff sued an Atlanta police officer for false arrest during a Ferguson protest. Viewing the evidence most favorably to the officer, the district court was correct in denying qualified immunity. Toole v. City of Atlanta, 2019 U.S. App. LEXIS 38424 (11th Cir. Dec. 26, 2019).*

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