Culver v. Armstrong

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Defendant Shannon Armstrong was standing alongside his patrol car conversing with Dusti Mowrey, a local resident and, by happenstance, a friend of Plaintiff Thomas Culver, when he witnessed a Chevrolet pickup with two individuals inside approach the Maverick Country Store without headlights and then disappear behind the store. The dash camera on Defendant’s patrol car revealed that shortly after 2:26 a.m., the white Chevrolet pickup deactivated its headlights before moving left off the public thoroughfare and over the sidewalk adjacent to a delivery area at the back of the store. The dash camera indicated Defendant activated his flashing lights at 2:27:06 a.m. and proceeded south on 6th Street in pursuit of the pickup. The pickup was approximately three blocks ahead of the patrol car when it turned right or south on North 3rd Street. The morning ended with Plaintiff being arrested for public intoxication. The charges would ultimately be dropped, but Plaintiff sued Defendant for unlawful arrest based on the exchange between him, his passenger and Defendant the night of his arrest. On Defendant’s motion for summary judgment, the district court held probable cause supported Plaintiff’s arrest and granted Defendant qualified immunity. Plaintiff appealed. After review, the Tenth Circuit Court of Appeals also rejected Plaintiff’s claim and affirmed the district court’s grant of qualified immunity to Defendant. View "Culver v. Armstrong" on Justia Law