N.D.N.Y.: Def’s additional exculpatory facts don’t undermine PC

There was plenty of probable cause for defendant’s arrest in his house based on statements and what the police learned in their child pornography investigation. “On top of that, the images already recovered from defendant’s devices were also more than enough to afford them probable cause to arrest defendant. … The June 9, 2020 arrest was therefore lawful even assuming as true any facts that defendant would dispute.” United States v. Pecoraro, 2021 U.S. Dist. LEXIS 205473 (N.D.N.Y. Oct. 21, 2021)

Factual disputes bar interlocutory appeal of a lack of qualified immunity finding in an excessive force case. Simpson v. Little, 2021 U.S. App. LEXIS 32040 (10th Cir. Oct. 26, 2021).*

Plaintiff fled police on his motorcycle at up to 130 mph for miles, weaving in traffic, running a red light and passing police cars because he had marijuana in his pocket. Officers finally fired a shotgun in his direction to get his attention when he kind of stopped (he says at him) and he fled again. Finally, a shot was fired at him that hit him in the head and neck. Then he surrendered. The officers get qualified immunity. His characterization that he was “diligently” fleeing is rejected. Schantz v. DeLoach, 2021 U.S. App. LEXIS 32045 (11th Cir. Oct. 26, 2021).*