United States Eighth Circuit

Arkansas law does not permit a police officer to arrest a person for refusing to identify him or herself when such person is not suspected of other criminal activity and their identification is not needed to protect officer safety or to resolve whatever reasonable suspicions prompted the officer to initiate an on-going traffic stop or Terry stop. In a case where the court dismissed plaintiff's 42 U.S.C. section 1983 claim against a police officer, summary judgment for defendant is reversed where: 1) the arresting officer was not entitled to dismissal either on the merits or based on qualified immunity as he acted contrary to the plain meaning of Arkansas Rules of Crim. Proc. Rule 2.2; and 2) no reasonable officer could believe he had probable cause to arrest plaintiff.

Appellate Information

• Decided 04/04/2008
• Published 04/04/2008

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, GRUENDER and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Norman Douglas Norwood, Rogers, AR, argued, Susan T. Lusby, Fayetteville, AR, on the brief, for appellant.


• For Appellees:
  
• Sherri L. Robinson, Asst. Atty. Gen., Little Rock, AR, argued, for appellee.