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CA11: Arguable PC is sufficient for qualified immunity

By John Wesley Hall, Jr.

“Defendant Norris had at least arguable probable cause to arrest Brown for disorderly conduct.” Therefore, he had qualified immunity against a § 1983 case. “In short, we look only to whether a reasonable officer, knowing what Sergeant Norris knew at the time, objectively could have believed probable cause existed. We conclude Brown’s actions in playing loud music, stopping her car, and rolling her window down could have indicated to an objectively reasonable officer at the scene that Brown was making unreasonable noise with intent to create public annoyance, even if those circumstances were insufficient to prove an actual violation of § 13A-11-7.” Joi v. City of Huntsville, 2010 U.S. App. LEXIS 11480 (11th Cir...continue to full post

Full post as published by Fourth Amendment on June 09, 2010 (boomark / email).