Rainsberger v. Benner

Dist. Ct. did not err in denying defendant-police officer’s motion for summary judgment alleging that he was entitled to qualified immunity on plaintiff’s section 1983 action alleging that he was wrongfully arrested on murder charge, where, according to plaintiff, defendant submitted affidavit in support of arrest warrant that contained falsehoods and failed to contain exculpatory evidence that would have defeated probable cause finding by trial court. Defendant failed to inform trial court that DNA test did not implicate plaintiff in murder, and defendant otherwise: (1) failed to use accurate information regarding plaintiff’s phone records to support claim that plaintiff had phoned his brother at his mother’s house prior to alerting 911 operator about his mother’s fatal injuries; (2) mischaracterized video of plaintiff placing object in trash can; (3) failing to tell trial court that mother’s purse and medication were missing at time of plaintiff’s 911 call; (4) mischaracterized plaintiff as lacking concern for his mother; and (5) mischaracterized plaintiff’s refusal to take polygraph test. As such, defendant was not entitled to qualified immunity where defendant’s affidavit, when stripped of alleged falsehoods and when alleged exculpatory is added to affidavit, lacked probable cause to arrest plaintiff on murder charge. Ct. rejected defendant’s claim that Dist Ct. should have reviewed inculpatory evidence that defendant had failed to include in affidavit when determining existence of probable cause to arrest plaintiff.