Moore v. Pederson, No. 14-14201 (11th Cir. 2015)
Annotate this CasePlaintiff filed suit asserting claims for, among other things, unlawful arrest in violation of 42 U.S.C. 1983 and intentional infliction of emotional distress under Florida law, claiming that he was unlawfully arrested without probable cause based only on his refusal of an officer’s request to provide biographical information for a report. The court held that, in the absence of exigent circumstances, the government may not conduct the equivalent of a Terry stop inside a person’s home. However, in this case, because the law on this point was not clearly established in this Circuit, the court affirmed the district court’s entry of summary judgment on qualified immunity grounds to the officer, who reached into plaintiff’s home to arrest and handcuff him when, in the course of what the officer described as a Terry stop, plaintiff declined to identify himself in response to the officer's questioning. The court also affirmed the district court's dismissal of plaintiff's state-law claim for failure to establish a claim.
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