Is an arresting officer entitled to qualified immunity from damages on a claim for arrest without probable cause?

MultiRegion, United States of America

The following excerpt is from Martel v. Town of South Windsor, No. 08-3514-cv (2nd Cir. 9/14/2009), No. 08-3514-cv. (2nd Cir. 2009):

"An arresting officer is entitled to qualified immunity from a suit for damages on a claim for arrest without probable cause if either (a) it was objectively reasonable for the officer to believe that probable cause existed, or (b) officers of reasonable competence could disagree on whether the probable cause test was met." Golino v. New Haven, 950 F.2d 864, 870 (2d Cir. 1991). "[P]robable cause to arrest exists when police officers have knowledge or reasonably trustworthy information of facts and circumstances that are sufficient to warrant a person of reasonable caution in the belief that the person to be arrested has committed or is committing a crime." Walczyk v. Rio, 496 F.3d 139, 156 (2d Cir. 2007) (internal quotation marks omitted).

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