United States Third Circuit

In plaintiffs' civil rights suit against a police officer, alleging false arrest and false imprisonment, district court's denial of the officer's motion to dismiss is reversed where: 1) because the complaint fails to allege facts that give rise to a seizure under the Fourth Amendment, the officer is entitled to qualified immunity on the claim of false arrest; and 2) because a false imprisonment claim under section 1983 which is based on an arrest made without probable cause is grounded in the Fourth Amendment's guarantee against unreasonable seizures, plaintiff cannot show that she was falsely imprisoned.

Appellate Information

• Decided 11/29/2012
• Published 11/29/2012

Judges

• Hardiman

Court

• United States Third Circuit

Counsel