Leaver v. Shortess

Dist. Ct. did not err in granting defendants-police officers’ motion for summary judgment in section 1983 action, alleging that defendants left out exculpatory information in their police reports regarding plaintiff’s alleged theft of Hertz rental vehicle that, according to plaintiff, would have defeated finding of probable cause with respect to said theft charge and issuance of arrest warrant. Record showed that plaintiff was arrested in Montana after he had failed to return rental vehicle by date listed in Wisconsin rental agreement. Moreover, while plaintiff argued that arrest warrant would not have issued had trial court been aware that plaintiff had eventually returned rental vehicle to Hertz location in Montana, plaintiff failed to present evidence indicating that defendants were personally aware of such information at time they made their reports available to trial court. Ct. further found that defendants were entitled to qualified immunity with respect to instant lawsuit, where affidavit containing omitted information arguably would have been sufficient to establish probable cause with respect to theft charge given specific return date in rental agreement, as well as defendants’ knowledge that plaintiff had not returned vehicle by said date.