Wednesday, November 28, 2012
Sixth Circuit -- Jermaine Sutton v. Metropolitan Government of Nashville
No S1983 claim against a Terry stop when police officer called contact in cell phone left by perpetrator, then, using that information, detained/questioned petitioner at his place of work.
Terry stop should have ended when petitioner took out his own phone & showed to police.
When arrest was made after ID by eyewitness, subsequent S1983 claim challenging the arrest must plead some reason that the officer shoudl have disbelieved the eyewitness.
Forced removal from workplace escalated Terry stop to arrest.
No qualified immunity during duration of the Terry stop.
Jermaine Sutton v. Metropolitan Government of Nashville
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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.