Is a police officer entitled to qualified immunity even if he erroneously arrests an individual without probable cause?

MultiRegion, United States of America

The following excerpt is from Evans v. City of San Diego, CASE NO. 11 CV 0396 MMA (WMc) (S.D. Cal. 2012):

their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Fuller v. M.G. Jewelry, 950 F.2d 1437, 1442-43 (9th Cir. 1991) (citations omitted). In limited circumstances, an officer may be entitled to qualified immunity even if he erroneously arrests an individual without probable cause. Id. at 1443. For example, "qualified immunity is available if a reasonable police officer could have believed that his . . . conduct was lawful, in light of the clearly established law and the information" possessed by the officer at the time of the arrest.6 Id.

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