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The killer, Clyde "Buddy" Spence will soon be released from prison.Because there was no established duty to act under these circumstances, the officer was entitled to qualified immunity. The plaintiffs also failed to produce any evidence that the officers intended to falsely arrest the arrestee, so a law enforcement exception to the intentional tort exception of the FTCA did not apply. The sheriff was entitled to qualified immunity for requesting the hospital records under the circumstances. The second arrest of the caretaker violated the Fourth Amendment, as there was then evidence that the mother had allegedly shaken the baby days before and threatened to kill it, likely causing the several days of lethargy and fever the baby experienced before stopping breathing. During execution of an arrest warrant for domestic violence and firearms offenses, a search was conducted during which a quantity of the drug was seized. Evidence showed, however, that the woman, who was a realtor, received four calls from someone named "Lisa," purporting to be interested in real estate, but that when she returned the calls, she heard the plaintiff's voice saying "Got Her! Held for two days, he was released when it was discovered that the warrant was for someone else who was erroneously issued the same state ID number. If the crime victim's deposition was true, she did not identify the arrestee as her attacker, but another person, which would mean that the officer's arrest warrant affidavit falsely indicated that the arrestee had been identified from a photo array. Further, under Virginia state law, only the prosecutor, rather than the officer, could move to dismiss an issued arrest warrant. Officers did have probable cause to arrest him under a warrant obtained after learning that he was a trained marksman who had served as a marksmanship instructor in the military, had made suspicious statements about the police helicopter being a "great target," he led police on a 100-mile-per-hour chase when they attempted to follow him, and they found a recently concealed rifle shell casing lying at the bottom of his trash can and a rifle during a search of his home conducted with a search warrant. The mild shaking of the baby by the daycare worker was a justified precursor to doing CPR. He was released from custody when the status of the drug as his legal medication was shown. ," along with cheering and laughter, and other evidence of possible violations. Under the circumstances, the arresting officer could reasonably have believed that the warrant was valid and was for the plaintiff, so he was entitled to qualified immunity. The Port Authority of New York & Jersey, #09-3064, 2011 U. The prosecutor was entitled to absolute immunity, since the decision whether or not towithdraw an arrest warrant was intimately associated with the judicial phase of the criminal process. Marshals teamed up with local police to conduct a roundup of fugitives in 24 states that resulted in 10,733 arrests. government was barred under the discretionary function exception to the Federal Tort Claims Act (FTCA), 28 U. Charges were later dismissed when ballistics showed that his rifle could not have fired the shot that downed the helicopter. There were also allegations that the principal arresting officer was romantically interested in the mother, which could form part of the basis for a malicious prosecution claim. There was nothing in the arrest warrant, however, which would have caused a reasonable officer to question whether the warrant was valid, Moore v. Supreme Court held that former Attorney General Ashcroft was entitled to qualified immunity in a lawsuit by a man detained after the events of 9/11/2001 under a federal material witness statute. A man arrested and prosecuted for arson sued a police sergeant for allegedly failing to disclose purportedly materially exculpatory evidence, including a false identification by a witness stating that the accused was "gloating" at the arson scene in the months following the crime. Arguable probable cause existed for the obtaining of a capias warrant for the arrest. State law claims, however, were dismissed in federal court without prejudice to the ability of the plaintiffs to reassert them in state court. One of the arrestees turned out not to be the arrestee sought, but someone else with the same name, due to a clerical error by a city's police department. The affidavit for the arrest warrant was sufficiently supported by probable cause despite the fact that a hole in a window in the man's house turned out to have been made by a golf ball rather than a bullet, and that a ballistics expert's advice was mistaken. After the first arrest, when the arrestee phoned a lawyer, all questioning should have stopped, but did not, which could form the basis for an unlawful interrogation claim. City of Desloge, #10-2095, 647 F.3d 841 (8th Cir.). The plaintiff claimed that the government had a policy of using this statute to detain innocent persons suspected of terrorism without charges. The court ruled that even if the officer falsified and omitted the evidence in question when applying for the warrant, the corrected report and warrant application absent this evidence would still have had facts sufficient to provide probable cause for the arrest. Because the plaintiff's case was found to be frivolous, the defendants were properly awarded attorneys' fees. Most of all, we are proud of our dedicated team, who has both the creativity and understanding of our clients' needs.