S.D.Fla.: Arresting ptf for giving officer the finger after denial of access to city council meeting lacked arguable PC

Officer didn’t have arguable probable cause for arresting plaintiff outside a city council meeting plaintiff had been ordered out of when plaintiff gave the officer the finger. Qualified immunity denied based on the allegations of the complaint. McDonough v. Mata, 2020 U.S. Dist. LEXIS 179595 (S.D.Fla. Sept. 28, 2020).*

“In Carpenter, the Court explicitly noted that the question it confronted, in 2018, was a ‘new phenomenon’ that had not yet been decided. 138 S. Ct. at 2216. As such, the Court finds that trial counsel’s failure to object in 2011 to the prosecution’s use of cell site data that was obtained without a search warrant, at a time when none was required, did not render the assistance Petitioner received ineffective.” Michel v. Kirkpatrick, 2020 U.S. Dist. LEXIS 179491 (E.D. N.Y. Sept. 30, 2020).*