New v. Denver, No. 13-3330 (8th Cir. 2015)
Annotate this CaseSergeant Denver of the Benton County Sheriff’s Office arrested New in 2009 for possession of marijuana after two leaves were found during a consensual search of New’s car following a traffic stop. When the Arkansas State Crime Laboratory tested the leaves and reported they did not contain detectible amounts of Tetrahydrocannabinol (THC), the prosecutor dropped a criminal charge. New filed a 42 U.S.C. 1983 action against Denver, alleging he was arrested without probable cause. Denver moved for summary judgment on the merits and based on qualified immunity. The district court denied the motion, concluding that it could not make “a credibility determination crediting Mr. Denver’s assertions as true in the face of contrary evidence -- a negative lab result and the contrary averments of Mr. New.” The Eighth Circuit reversed: an objectively reasonable police officer with Denver’s training and experience could have reasonably believed that the leaves he found in New’s car were marijuana, giving Denver probable cause to arrest and have the leaves tested for THC. More than evidence of a mistake is required to deny a public official qualified immunity from section 1983 damage liability.
Court Description: Loken, Author, with Melloy and Gruender, Circuit Judges] Civil case - Civil rights. The district court erred in denying the arresting police officer's motion for summary judgment based on qualified immunity on plaintiff's claim that he was arrested without probable cause as an objectively reasonable officer with defendant's training and experience could have reasonably believed that the leaves found in plaintiff's car were marijuana, giving the officer probable cause to arrest plaintiff and have the leaves tested. Judge Gruender, dissenting.
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