Failure to protect claim analyzed under Fourth Amendment prior to Gerstein probable cause finding; officer did not act unreasonably where arrestee was under the influence, crying, had past psychiatric treatment, slammed himself against cell bars, health screen form did not flag whether arrestee was suicidal, and 45 minutes elapsed between welfare checks, but arrestee did not say he was suicidal and said the opposite, and officers did not treat him as suicidal.
Where protestors were boxed into a “kettle,” beaten, pepper sprayed, and arrested in demonstration that was generally peaceful and not all arrested persons were part of a unit violating the law, officers were not entitled to qualified immunity on false arrest claim; supervisors who did not order or observe or intent excessive force were entitled to qualified immunity on excessive force claim; officers entitled to qualified immunity on conspiracy claim due to unsettled status of incorporate conspiracy doctrine in § 1983 cases.
Federal Rules of Evidence do not apply to applications for warrants; “best evidence” rule did not require officer to attach photo he described; probable cause may rest upon hearsay so long as there is a substantial basis for crediting it.