Graham v. Gagnon

After plaintiff was arrested for obstruction of justice and the charge was ultimately dismissed, plaintiff filed suit against the police officers responsible for her arrest, alleging that the officers violated her Fourth Amendment rights by arresting her without probable cause. The district court granted the officers' motion for qualified immunity. The court concluded that it would be clear to officers in defendants' position that they lacked probable cause to arrest defendant where the court could not find in the record any attempted action by the officers that could be said to have been "obstructed" by plaintiff, and the officers' brief and oral argument are likewise missing even a suggested action that was actually obstructed. Accordingly, the court reversed and remanded. View "Graham v. Gagnon" on Justia Law