\u201cAfter editing out the incomplete and false portions of the warrant affidavit, the remaining information was insufficient to establish that Green was dead and that his death was caused by the criminal act of another person. Accordingly, the Court finds that Sexton, Kidder, and Darnell are not entitled to qualified immunity as to Wheeler’s claim that he was arrested and detained without probable cause.\u201d Wheeler v. City of Searcy, 2020 U.S. Dist. LEXIS 92447 (E.D. Ark. May 27, 2020).<\/p>\n\n\n\n
No qualified immunity: \u201cIn sum, the facts known to Defendant Aguilar when he demanded identification were insufficient to give rise to a particularized and objective basis for suspecting Plaintiff had committed any offense or was engaging in criminal activity. Without reasonable suspicion to believe Plaintiff had violated N.M. Stat. Ann. \u00a7 30-22-1(D) or committed some other predicate, underlying crime, Defendant Aguilar lacked probable cause to arrest Plaintiff for concealing identity. \u2026 Thus, Plaintiff has carried his burden of showing Defendant Aguilar violated his Fourth Amendment right to be free from unlawful arrest.\u201d Corona v. Aguilar, 2020 U.S. App. LEXIS 16771 (10th Cir. May 27, 2020).*
\nhttps:\/\/www.ca10.uscourts.gov\/opinions\/19\/19-2147.pdf<\/p>\n","protected":false},"excerpt":{"rendered":"
\u201cAfter editing out the incomplete and false portions of the warrant affidavit, the remaining information was insufficient to establish that Green was dead and that his death was caused by the criminal act of another person. Accordingly, the Court finds … Continue reading