McComas v. Brickley

Dist. Ct. erred in denying defendant-police officer's motion for summary judgment asserting that he was entitled to qualified immunity with respect to plaintiff's section 1983 action alleging that defendant lacked probable cause to arrest plaintiff on Indiana state charges of murder, assisting criminal and providing false information to police arising out of defendant's investigation into murder that occurred in tavern in which plaintiff was patron. While defendant lacked probable cause to arrest plaintiff on murder charges, defendant was nevertheless entitled to qualified immunity in instant section 1983 action where record showed existence of probable cause with respect to charges of assisting criminal and providing false information to police where: (1) plaintiff gave shifting narratives to defendant regarding shooting incident that raised possibility that plaintiff was covering for third-party shooter; and (2) plaintiff's initial statement to defendant was refuted by film footage of incident so as to give rise to possibility that plaintiff had lied to defendant during his investigation of incident.