Wilkerson v. Seymour, No. 12-15938 (11th Cir. 2013)
Annotate this CasePlaintiff filed suit against Officer Seymour and Sergeant Parker under 42 U.S.C. 1983 for false arrest. Plaintiff was arrested in the parking lot of a bar after Officer Seymour, who was working off-duty but in full uniform, asked her to move her car before it was towed. Plaintiff responded by cursing and speaking loudly. The court affirmed the district court's denial of qualified immunity to Officer Seymour because the facts viewed in the light most favorable to plaintiff showed that Officer Seymour lacked arguable probable cause to arrest plaintiff. The court concluded, however, that the district court erred in denying qualified immunity to Sergeant Parker, who was not present during the alleged false arrest. Accordingly, the court reversed the district court's judgment in regards to Sergeant Parker.
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