Tuesday, March 23, 2010

New false arrest case

In Rushing v. Parker, the Court considered a §1983 false arrest claim and affirmed the district court's grant of qualified immunity to the defendants. There, two Polk County sheriff's deputies misidentified and arrested Rushing based upon a citizen's complaint that a roofer had ripped him off. After an investigation, the deputies arrested Rushing although the state later dropped charges when it determined that Rushing had been misidentified. The victim filed a complaint against the plaintiff by name and identified the plaintiff as the perpetrator in a phot line-up, although fingerprint evidence later exonerated the plaintiff. Given these facts, the Court found that the deputy's arrest affidavit, although mistaken, was sufficient to establish probable cause to arrest Rushing.

Thursday, March 4, 2010

Court upholds 922(g) against constitutional challenge

In United States v. Rozier, the Court rejected a challenge that 18 U.S.C. §922(g) unconstitutionally infringed on Rozier's Second Amendment right to keep and bear arms. Analyzing Heller, the Court noted that the conduct fell within the longstanding prohibitions of possession of firearms by felons, and as a felon, Rozier fell within a prohibited class. The fact that he may have possessed a firearm in his home for self-defense was irrelevant. The Court also upheld Heller's ACCA sentence, reminding the reader that Almendarez-Torres remained good law.