Is an arresting officer entitled to qualified immunity in a civil case even if there is no probable cause?

MultiRegion, United States of America

The following excerpt is from Pourkavoos v. Town of Avon, No. 18-2777 (2nd Cir. 2020):

cause did not exist, an arresting officer is still entitled to qualified immunity "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. City of New Haven, 950 F.2d 864, 870 (2d Cir. 1991). A defendant is not, however, entitled to qualified immunity if he "knowingly and intentionally, or with reckless disregard for the truth, made a false statement in his affidavit and . . . the allegedly false statement was necessary to the finding of probable cause." Id. (internal quotation marks omitted). Additionally, "[i]ntentional or reckless omissions of material information, like false statements," defeat qualified immunity. Id. at 871.

Other Questions


Is an arresting officer entitled to qualified immunity from damages on a claim for arrest without probable cause? (MultiRegion, United States of America)
Is a police officer entitled to qualified immunity even if he erroneously arrests an individual without probable cause? (MultiRegion, United States of America)
When there is no probable cause to arrest, does a police officer have qualified immunity from a claim of false arrest? (MultiRegion, United States of America)
Can a federal civil rights claim for false arrest where the arresting officer had probable cause? (MultiRegion, United States of America)
What is the test for qualified immunity for an officer who makes an arrest without probable cause? (MultiRegion, United States of America)
Is the invalidity of an arrest warrant invalidated if the arresting officer himself originally had ample probable cause to arrest? (MultiRegion, United States of America)
What is the state of the law on qualified immunity for police officers who did not have probable cause to arrest Mara? (MultiRegion, United States of America)
Can an officer who makes an arrest without probable cause be qualified immunity? (MultiRegion, United States of America)
Is qualified immunity more favorable to the officers than the one for probable cause? (MultiRegion, United States of America)
Is a law enforcement officer entitled to qualified immunity in a civil case? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.