Qualified Immunity Denied to Officer Based on Lack of Probable Cause to Arrest

Defendants/Appellants, Deputy Jamie McGowan and Sheriff Wayne Ivey appealed the district court’s order which denied their motion for summary judgment on qualified immunity grounds on Leroy Berry’s constitutional claim of false arrest under the Fourth Amendment and Florida state-law. Berry v. McGowan, 2018 WL 3569323 (11th Cir. 2018). The record showed that on December 22, 2010, Berry was driving home from work when he saw a large group blocking the road. Two of Berry’s cousins, Melvena Espanosa and Alantra McDaniel, were in the group, so he stopped to find out what was happening. Berry learned that Ms. McDaniel had been in a fight with two older females, and Ms. Espanosa had called the po

The Eleventh Circuit Grants Qualified Immunity to Officer using a Taser on a Suspect following a Tra

In 2014, Livingston Manners was involved in an altercation with and arrested by City of Hollywood police officers. Manners filed suit in federal court claiming two 42 U.S.C. § 1983 civil rights violation claims. Manners v. Cannella, 891 F.3d 959 (11th Cir. 2018). Specifically, Manners alleged that Officers Ronald Cannella and Karrie Sabillon used excessive force in arresting him; a § 1983 claim against Officer Cannella for malicious prosecution; and a common-law false arrest claim. The Court held that the Officers had probable cause to arrest Manners and, therefore, did not violate clearly established constitutional law during his arrest. Accordingly, the officers were entitled to qualified

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