Rooni v. Biser

Dist. Ct. erred in granting defendant’s motion for summary judgment in section 1983 action alleging that defendant lacked probable cause to arrest plaintiff on charge of disorderly conduct, arising out of dispute between plaintiff-deer hunter and defendant game warden outside of deer registration post. Dist. Ct. could not make credibility determination when finding that arguable probable cause existed based on its finding that plaintiff suddenly shouted at defendant and brushed up against him, since plaintiff stated that he spoke to defendant in non-confrontational way and accidentally brushed up against him. Moreover, plaintiff’s allegation that he was merely attempting to disengage from defendant supported his claim that defendant lacked probable cause to arrest him on disorderly conduct charge.