Week of May 16, 2024

Trooper’s request that driver sit in patrol car did not turn traffic stop into arrest where driver needed to look on his cell phone for proof of insurance, trooper needed to call dispatch from patrol car, and driver complied with trooper’s request; reasonable officer would not necessarily have known that trooper’s conduct during traffic stop—including taking driver’s second cell phone, pointing gun at him, applying handcuffs, conducting pat down, and putting him in patrol car—elevated investigative detention into arrest; driver reacted angrily to seizure of his phone, trooper could have rea

Court finds material facts were omitted from arrest warrant affidavit and when omissions were corrected, the affidavit failed to establish arguable probable cause; reasonable jury could find that detective intentionally or recklessly left out information that exonerated plaintiff and if jury so found, detective would not be entitled to qualified immunity; when District Attorney dropped charges, criminal case was terminated favorably to plaintiff.

Use of stun gun during pre-arrest flight was not excessive force; even if a reasonable police officer would not have aimed stun gun at arrestee’s head, officer’s alleged conduct did not violate clearly established law.

Facts omitted from arrest warrant affidavit were critical to probable cause and it was reckless under Franks not to include them; exoneree’s due process right not to have false evidence manufactured was clearly established; exoneree’s right of access to courts was clearly established; exoneree’s claimed right under First and Fourteenth Amendments to be free from governmental interference with familial and marital relationships was not clearly established.

In multiple shooting of knife wielding suspect, court concludes shots one through four were reasonable, but a factual dispute about whether plaintiff was still dangerous precluded summary judgment with respect to shots five and six.