Merchant v. Bauer, No. 11-1392 (4th Cir. 2012)
Annotate this CasePlaintiff filed a complaint against Officer Robert M. Bauer and several other defendants, alleging claims under 42 U.S.C. 1983 for deprivation of her Fourth Amendment right to freedom from seizure without probable cause, and also asserting her state law claim for malicious prosecution. Considering the totality of the circumstances, the court concluded that no prudent person would have believed that plaintiff violated the impersonation statute at issue and therefore, plaintiff's arrest lacked probable cause and was unreasonable. Thus, plaintiff's constitutional right not to be unreasonably seized was violated. The court also held that the district court did not err in ruling that Officer Bauer was not, at this stage of the litigation, entitled to qualified immunity on plaintiff's section 1983 claim.
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