Harvard v. Cesnalis, No. 20-1012 (3d Cir. 2020)
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Harvard gave Mazzetti (a stranger) a ride home because Mazzetti was afraid of her boyfriend (Sutton). Upon their arrival, Sutton made threats, tried to get Mazzetti out of the vehicle, and used racial slurs against Harvard, a Black male. Harvard called 911 and proceeded to leave with Mazzetti. Sutton jumped onto the hood of Harvard’s moving vehicle, making death threats. Harvard believed Sutton had a firearm and a knife. Harvard informed the 911 operator of the situation and drove onto the highway. The operator instructed Harvard to take a specific exit.
At the police roadblock, Trooper Cesnalis did not respond to Harvard’s explanation, made no effort to locate the knife or the firearm, and asked Harvard to take a Breathalyzer test. Harvard agreed. After six tries, Harvard completed the test, which indicated that his blood alcohol content was below the legal limit. Cesnalis nonetheless inferred that Harvard was under the influence because he was sweaty, speaking rapidly, and not directly answering questions. Harvard was handcuffed and taken to the police station. Cesnalis was aware that Sutton had a criminal record but accepted Sutton’s explanation that Harvard had hit him with his vehicle. Sutton was not charged. Mazzetti corroborated Harvard’s statements. Despite negative results from additional testing, Cesnalis charged Harvard with DUI, recklessly endangering another person, reckless driving, simple assault, aggravated assault, and disorderly conduct, referring to Sutton as “the victim.” He omitted several exculpatory facts from the affidavit and referred to Harvard’s criminal history, although there was no evidence that Harvard had a criminal history.
Harvard, exonerated, filed suit under 42 U.S.C. 1983. The Third Circuit reversed a grant of summary judgment for Cesnalis as to false arrest, false imprisonment, malicious prosecution, and Equal Protection but affirmed as to the remaining claims and as to another officer.
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