Block v. Dupic, No. 13-2889 (8th Cir. 2014)
Annotate this CasePlaintiff filed suit against the officer who restrained him while executing a search warrant. Even assuming without deciding that the officer recklessly disregarded the misleading effect that omitting the facts at issue would have on the judge's probable cause determination, the officer was still entitled to qualified immunity. The court agreed with the district court that the evidence submitted to the judge would have been sufficient to support a probable cause finding even if the officer's oral affidavit had included the omitted facts. Accordingly, the court affirmed the district court's grant of summary judgment to the officer.
Court Description: Civil case - Civil rights. In action alleging the defendant police officer violated plaintiff's civil rights when he submitted an application for plaintiff's arrest which deliberately or recklessly omitted material information, even if the court assumed the officer recklessly disregarded the misleading effect the omission would have on the judge's probable cause determination, the officer was entitled to qualified immunity as the affidavit, with the omitted facts, still supported a probable cause finding.
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