CA6: Arguable PC defeats false arrest claim

Plaintiff is a police officer who was apparently drunk in the Detroit airport after returning to Michigan with his children for Thanksgiving weekend. He ended up being arrested and sued. He understood he was impaired and was going to have his oldest child with a Florida learner’s permit drive. The officers determined the children looked scared at the prospect. “In sum, the totality of the circumstances allowed officers Berti, Millisor, and Zahina to reasonably conclude that Bauman was intoxicated in a public place and was endangering the safety of his children. These officers therefore had probable cause to arrest Bauman for disorderly conduct, meaning that summary judgment was properly granted in their favor.” Bauman v. Millisor, 2022 U.S. App. LEXIS 349 (6th Cir. Jan. 4, 2022).*

Plaintiff’s dispute over his arrest on probation fails. “Considering the totality of the circumstances here, probable cause existed for Schutzeus’s arrest such that he cannot establish a Fourth Amendment false arrest claim against any individual defendant.” Schutzeus v. Pa. Bd. of Prob. & Parole, 2022 U.S. App. LEXIS 362 (3d Cir. Jan. 6, 2022).*

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