Jones v. Clark

Dist. Ct. did not err in denying defendants-police officers' motion for summary judgment based on qualified immunity in section 1983 action alleging that defendants violated plaintiff's 4th Amendments rights when they arrested her during investigation of report that someone was casing neighborhood for possible robberies by taking picture of homes. Dist. Ct. properly concluded that factual dispute existed as to whether defendants held honest belief that plaintiff was engaged in criminal activity where record showed that plaintiff, African-American ComEd employee in predominantly Caucasian neighborhood, was reading meters at time of stop, and where arrest came after plaintiff had explained that she was reading meters on behalf of ComEd and had produced work-related identification. Moreover, defendants could not justify arrest on obstruction of peace officer charge where record showed that plaintiff had merely argued with defendants about her detention.