Traffic stop without reasonable articulable suspicion of criminal activity violates clearly established law; in response to defendant officer’s argument that stop was a joke between friends, court rules that by its very nature a traffic stop may not be consensual; officer who pulled plaintiff over to flirt with her committed unconstitutional sexual harassment in violation of clearly established law.
False arrest claim accrued when arrestee was bound over for trial; unlawful seizure claim accrued at time of seizure.
Officer entitled to qualified immunity on unlawful seizure, malicious prosecution and First Amendment retaliation claims, because objectively reasonable for officer to believe arrestee was inciting violence or intending to provoke others to violence when he laughed loudly before standing and getting “nose-to-nose” with another and yelling at rallygoers and Trump, despite fact he was acquitted in criminal case on ground he had not used “fighting words”.
Officer appealed denial of qualified immunity on First Amendment retaliatory use of force claim by protester; court affirms denial of qualified immunity on basis of facts asserted by plaintiff that she was merely participating in a peaceful protest and had done nothing more than come within a couple of feet of an officer; her right to be free from retaliatory use of force was clearly established.
Officer who punched plaintiff, knocking him to ground and hovering over him menacingly, seized plaintiff, although he did not intend to arrest him, because reasonable person would not believe he was free to leave, even if only for a brief period of time.
Corrections officers are not constitutionally obligated to override the judgment of medical professionals unless they have reason to know that an inmate is receiving inadequate treatment, even when inmate is in obvious distress and medical staff has misdiagnosed an inmate or accused him of faking a real illness.
Prosecutor not entitled to absolute immunity on claim that witness was arrested after trial had concluded for failure to inform judge that material witness warrant should be canceled after witness appeared voluntarily and testified; notifying judge that warrant should be cancelled involved no exercise of prosecutorial judgment or skill.