United States First Circuit

In an action under 42 U.S.C. section 1983 arising out of an arrest, the district court's entry of summary judgment in the officer-defendant's favor on qualified immunity grounds is reversed where given the state of the preexisting law, the unconstitutionality of a police officer's actions in taking a person into protective custody, handcuffing that person, transporting him to a police station, and jailing him without probable cause to believe that he is incapacitated should have been apparent.

Appellate Information

• Published 2017/02/01

Judges

• SELYA

Court

• United States First Circuit

Counsel