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.

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