Thursday, February 26, 2015

Sixth Circuit: Kishna Brown v. Bradley Lewis

S1983 - Qualified immunity, unlawful arrest.

Appeals court has jurisdiction, despite remaining differences on questions of fact.

Sufficient grounds for stop, but irregularities in the Terry stop sufficient to deny Qualified Immunity.

State statute is subjective test, not objective, and given that the officers acted under misinformation, but violence of arrest still presents a claim.

Kishna Brown v. Bradley Lewis 
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.