Aaron v. Shelley, No. 09-3554
Action by Police Officer for False Arrest
In Aaron v. Shelley, No. 09-3554, an action based on plaintiff's false arrest for impersonating a police officer, and for false imprisonment and terroristic threatening of suspected drug offenders, the court dismissed defendants' appeal from the denial of summary judgment based on qualified immunity where, in denying defendant-officers summary judgment based on qualified immunity, the district court carefully explained the material disputed facts which, when viewed most favorably to plaintiff, would permit a reasonable jury to find that the officers lacked objectively reasonable probable cause to arrest plaintiff on each of the three charges.
As the court wrote: "Rizelle Aaron, a part time police officer for the City of England, Arkansas, who was no longer being paid due to budget cuts, saw what he believed to be four individuals engaged in a drug deal in a park in the City of Jacksonville, where his children played. Aaron approached and forcefully told the four individuals to produce the drugs. They produced crack cocaine, a small amount of marijuana, and four Vicodin pills. Aaron obtained their names, addresses, and phone numbers; called to request that Jacksonville police come to the park; and flagged down the passing car of a Pulaski County Deputy Sheriff. Jacksonville police quickly came to the scene."