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

The following excerpt is from Posr v. Court Officer Shield No. 207, 180 F.3d 409 (2nd Cir. 1999):

(2) Qualified immunity. Even when there is no probable cause to arrest, a police officer is nonetheless immune from a claim of false arrest "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). The district court found that the officers' actions were objectively reasonable at the time they were taken. Once again, mindful of the procedural posture of this case, we cannot agree.

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