Washington v. Napolitano

Factual disputes precluded summary judgment on qualified immunity: “we hold that, if a police officer finds an individual’s statements regarding his lack of intent to commit a crime to be credible in light of the totality of the circumstances, or if (at the very least) such exculpatory statements could materially impact the probable cause determination by a neutral magistrate judge, that officer cannot then use the incriminating portions of those statements as the foundation for probable cause in an arrest warrant affidavit for that individual, while either knowingly or recklessly concealing from the judge that credibility assessment (if it has been reached) and/or the exculpatory details of those statements. It is clearly established in this Circuit that such a concealment, which deprives the judge of material information that could impact the probable cause determination, would not be protected by qualified immunity.