Gibbs v. Lomas

Dist. Ct. erred in denying defendant-police officer’s motion for summary judgment asserting qualified immunity in section 1983 action alleging that defendant subjected plaintiff to unconstitutional search and arrest on charge of disorderly conduct after defendant received report that individual was driving through town while holding un-holstered gun in view of others. While Dist. Ct. found that defendant did not have sufficient facts to warrant belief that plaintiff had committed disorderly conduct because Wisconsin had implemented right to carry firearms openly, Ct. of Appeals found that plaintiff’s constitutional rights were not clearly established at time of his arrest, where Wisconsin courts had not yet ruled on whether “going armed” was unprotected conduct punishable under disorderly conduct statute. As such, defendant was entitled to qualified immunity. Ct. also observed that plaintiff’s reported conduct was sufficient for officer to conclude that plaintiff had criminal intent in holding out what looked to be handgun.