Jackson v. Parker

Dist. Ct. did not err in granting defendant-police officer's motion for summary judgment in section 1983 action alleging that defendant subjected plaintiff to false arrest during traffic stop for driving under influence and other traffic violations even though plaintiff asserted that officer falsified results of field sobriety tests. Dist. Ct. could properly find that officer had probable cause to arrest defendant for driving prohibited vehicle in violation of local ordinance, and existence of said probable cause served to preclude plaintiff from maintaining any false arrest claim. Fact that defendant was not charged with ordinance violation was irrelevant. Moreover, while plaintiff switched legal theories in Ct. of Appeals, by arguing that officer violated his 4th Amendment rights by unreasonably detaining him after initial traffic stop, defendant forfeited said issue by not raising said theory in Dist. Ct. and could not rely on plain error rule in instant civil matter to resolve new issue on appeal.