Ewell v. Toney

Dist. Ct. did not err in granting defendants-prosecutor and certain detectives’ motion to dismiss plaintiff’s section 1983 action alleging that defendants’ decision to incarcerate her for period of 12 days violated her constitutional rights because police lacked probable cause to arrest her and because her continued incarceration was done for improper purpose of building criminal case against her. Record showed that plaintiff had been convicted of charges relating to hiding of murder victim’s body and had received two-year sentence that gave her credit for instant 12-day period at issue in her complaint. As such, receipt of instant sentencing credit on lawful sentence precluded plaintiff from obtaining any damages on her unlawful detention claim or claim that defendants had failed to provide her with prompt probable cause hearing. Also, defendants-detectives were entitled to qualified immunity on plaintiff’s false arrest claim, since said defendants could reasonably have believed that plaintiff had helped to hide murder victim’s body, where defendants knew at time of plaintiff’s arrest that: (1) video-tape indicated that plaintiff and another person had purchased shower curtain and hooks on day victim went missing; (2) witnesses had indicated that shower curtain in victim’s bathroom had been replaced after victim went missing; (3) defendant had access to victim’s home, and defendant admitted to being in victim’s home; and (4) police had discovered projectile from victim’s bathtub plumbing pipe.