D.Z. v. Buell

Dist. Ct. did not err in granting defendant-police officer’s motion for summary judgment on qualified immunity grounds in section 1983 action alleging that defendant violated plaintiff’s 4th Amendment rights by detaining him in conjunction with reported burglary. Defendant had reasonable suspicion to initiate investigatory stop of plaintiff, where plaintiff generally matched five identifying characteristics of culprit, i.e., race, gender, age, shirt color and type of shorts, where plaintiff was spotted near scene of burglary shortly after 911 call. Fact that real culprit was reported as leaving scene in different direction did not require different result where defendant was not aware of said report. Moreover, defendant had arguable probable cause to arrest plaintiff based on description of culprit, plaintiff’s proximity to scene of burglary, and fact that defendant could have reasonably concluded that plaintiff had attempted to flee different police officer. Fact that plaintiff was unaware that said officer was attempting to stop him was immaterial.