Merely asking a person for identification does not constitute a seizure; that officers told persons who furnished ID that they could not leave until and unless their name checks were clear raised an issue of fact about whether a reasonable person would have felt free to leave; where officers observed plaintiffs violating an aggressive panhandling ordinance, it did not unreasonably prolong a Terry stop to run a brief warrant check.
Excessive or unnecessary destruction of property during a search may violate the Fourth Amendment; standard is objective reasonableness, but officers are afforded a degree of discretion and are not required to use least possible destructive methods; factors include amount of damage and the relation between damage and object of the search.
Entry to home permitted by community caretaking doctrine where police responded to loud party complaint where underage drinking occurred.
“Tenants of multi-occupancy structures have a reasonable expectation of privacy in ‘common areas … not open to the general public”.
Grand jury indictments based on false information do not conclusively establish probable cause.
Breathalyzer results established plaintiff was not intoxicated by alcohol and there was no evidence she was impaired by any other drug or substance.
Malice may be inferred from lack of probable cause; post arrest forensic examination arguably vitiated probable cause; and cases cited therein.
Bare nolle prosequi order is insufficient to establish proceedings terminated in plaintiff’s favor.
Officer’s order to others to stop CPR on youth who had hung himself from tree, without checking for signs of life, would not violate substantive due process rights if it resulted from recklessness or deliberate indifference, but would violate his rights were jury to find that officer was motivated by desire to cause harm to subject.
Evidence regarding conditions of confinement and failure to monitor was sufficient to deny summary judgment for defendant.