Gaddis v. DeMattei

Dist. Ct. did not err in granting defendants-police officers and plaintiff’s neighbors’ motion for summary judgment in plaintiff’s section 1983 action, alleging that defendants subjected him to false arrest on disorderly conduct charge, after plaintiff had dispute with neighbors about branches that plaintiff had cut down from tree that was on border of plaintiff’s property. Dist. Ct. could properly dismiss false arrest claim, since police officers had probable cause to arrest him on disorderly conduct charge, where: (1) one officer heard from witnesses to disturbance that plaintiff had been causing disturbances that included plaintiff calling another individual “a coward,” and attempting to start fight; and (2) officer documented his assessment that plaintiff could pose risk to others. Ct. rejected plaintiff’s claim that officer made warrantless arrest through nonconsensual entry into plaintiff’s home, where Ct. noted that plaintiff had walked out of his home to his porch when arrest was made. Moreover, defendants-police officers could properly invoke qualified immunity on plaintiff’s claim that they had improperly threatened to arrest him on resisting arrest charge if he did not come out of house, where, at time of plaintiff’s arrest, case law was conflicting as to whether police could make such threats.