Jones v. City of Elkhart

Dist. Ct. did not err in granting defendants-police officials’ motion for summary judgment in section 1983 action, alleging that defendants lacked probable cause to stop plaintiff for traffic offense and to subsequently arrest him on driving while intoxicated (DWI) charge. Police had probable cause to stop defendant, where officer’s radar gun indicated that plaintiff had been speeding, and where plaintiff presented no evidence indicating that radar gun was inaccurate. Thus, plaintiff could have been properly arrested on speeding charge without regard to propriety of DWI charge. Moreover, officer had probable cause to arrest plaintiff on DWI charge, where defendant’s blood alcohol reading was over legal limit. Fact that plaintiff claimed that he had only one beer on night of arrest did not preclude issuance of summary judgment.