Post details: CA11: Lack of even arguable probable cause denies qualified immunity in § 1983 case

02/07/13

Permalink 08:37:29 am, by fourth, 237 words, 633 views   English (US)
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CA11: Lack of even arguable probable cause denies qualified immunity in § 1983 case

“Nevertheless, in cases involving arrests or warrantless searches or seizures, law enforcement officers are entitled to qualified immunity if they had even arguable probable cause. See Swint v. City of Wadley, Ala., 51 F.3d 988, 996 (11th Cir. 1995); Eubanks v. Gerwen, 40 F.3d 1157, 1160 (11th Cir. 1994). Arguable probable cause exists if ‘reasonable officers in the same circumstances and possessing the same knowledge as the Defendants could have believed that probable cause existed.’ Swint, 51 F.3d at 996 (quotation marks omitted).” “[W]e conclude that, given the facts as we must view them for purposes of summary judgment, the officers lacked even arguable probable cause or exigent circumstances justifying their entry into Feliciano's apartment without a warrant or her consent.” Feliciano v. City of Miami Beach, 707 F.3d 1244 (11th Cir. 2013).

“In view of the overwhelming authority and limited information obtained during the officers' cursory investigation, reasonable officers would conclude that entering Nelms's apartment without a warrant violated the Fourth Amendment. Fleming and Whitt are not entitled to summary judgment on their defense of qualified immunity.” Nelms v. Wellington Way Apts., 513 Fed. Appx. 541 (6th Cir. 2013).

Probable cause for arrest grants qualified immunity to arresting officers. Abbott v. Oller, 497 Fed. Appx. 683 (8th Cir. 4, 2013).*

“‘[T]he existence of probable cause will defeat a claim of malicious prosecution and unreasonable search and seizure.’” Fahie v. Rivera, 510 Fed. Appx. 93 (2d Cir. 2013).*

Factual dispute on basis for arrest denies summary judgment. Pane v. Gramaglia, 509 Fed. Appx. 101 (2d Cir. 2013).*

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