Charges of resisting, public intoxication, and disorderly conduct were dismissed. There was probable cause for the search, seizure and arrest, so there could be no liability despite the fact that the plaintiff was later acquitted.
A state trooper compelled a female motorist, stopped for failing to dim her lights, to perform field sobriety tests. Dellamore, 32, of DeLand, was arrested July 18 and charged with possession of a Schedule II substance and introduction contraband into detention facility.
The appeals court found that any possible flaws in the failure to intervene claim instructions to the jury were harmless, as was the trial court's ruling allowing evidence that the detained plaintiff had several prior arrests. Mazza,U. An efficient, lawful arrest causing the arrestee to suffer only de minimis minimal injuries cannot support a claim for excessive force.
Rankin County Sch. Reversing for a new trial, a federal appeals court held that the defendants were improperly allowed to cross examine the plaintiff about a subsequent unrelated underage drinking arrest to try to convince the jury that he had been intoxicated at the time of his first arrest.
Rejecting an excessive force claim, the court found that any aggravation of the arrestee's old shoulder injury was attributable to the routine police procedure of handcuffing his hands behind his back, rather than any improper force. The defendant officers were entitled to summary judgment under the independent intermediary doctrine because a grand jury found the arrests supported by probable cause.
Lexis 3rd Cir. Pitts v.
Under these circumstances, the man had a right to walk away. There was probable cause for the search, seizure and arrest, so there could be no liability despite the fact that the plaintiff was later acquitted. He sued the U. The appeals court noted that the plaintiff, although an attorney, "remarkably" cited no authority in support of his false arrest claim.
DeGiovanni, F. Threats of harming another person will not be tolerated. While the criminal charges against him were dropped, the police department allegedly held an administrative hearing and fired him because of the incident.
A motorist adequately alleged that officers arrested him in retaliation for his First Amendment protected expressive activity after he was cited for violating a noise ordinance. Bowman Gallmon, 25, of Daytona Beach, was arrested July 17 and charged with possession of cocaine and offering to commit prostitution.
The African-American officer approached the group passing by and told them to move along, and referred to some of the females in the group as "snow bunnies," intended as a racial slur. Further proceedings were ordered on that claim. The plaintiff's argument that one officer arranged to have three others join him in fabricating a drug bust to bolster the possibility that he would be assigned to the narcotics squad was characterized as "far fetched.