CA11: Arguable PC is sufficient for qualified immunity

“Defendant Norris had at least arguable probable cause to arrest Brown for disorderly conduct.” Therefore, he had qualified immunity against a § 1983 case. “In short, we look only to whether a reasonable officer, knowing what Sergeant Norris knew at the time, objectively could have believed probable cause existed. We conclude Brown’s actions in playing loud music, stopping her car, and rolling her window down could have indicated to an objectively reasonable officer at the scene that Brown was making unreasonable noise with intent to create public annoyance, even if those circumstances were insufficient to prove an actual violation of § 13A-11-7.” Joi v. City of Huntsville, 608 F.3d 724 (11th Cir. 2010).*

Excessive force claim survives qualified immunity analysis to get to trial. Miller v. Sanilac County, 606 F.3d 240, 2010 FED App. 0165P (6th Cir. 2010)*:

Miller’s claim of excessive force admittedly comes close to the “scintilla of evidence” of excessive force this Court has previously found to be insufficient to survive summary judgment. … However, we believe that a jury could reasonably find that slamming an arrestee into a vehicle constitutes excessive force when the offense is non-violent, the arrestee posed no immediate safety threat, and the arrestee had not attempted to escape and was not actively resisting. Graham, 490 U.S. at 396.