Lawyer who sued cops for his courthouse arrest loses 3rd Circuit appeal
A lawyer who was arrested at a Philadelphia courthouse for allegedly elbowing a social worker has lost a federal appeal.
The Philadelphia-based 3rd U.S. Circuit Court of Appeals upheld the dismissal of false arrest and false imprisonment claims filed by lawyer Peter Quinn against two Philadelphia police officers who arrested him in December 2009. The Legal Intelligencer (sub. req.) notes the Nov. 10 opinion (PDF), which is nonprecedential.
Police arrested Quinn after a social worker with the Philadelphia Department of Human Services complained that he elbowed her after moving her jacket and taking the seat next to her. Before arresting Quinn, a detective talked to the social worker, who said her rib cage hurt as a result of the elbowing, as well as three other DHS employees who corroborated her account.
Quinn was charged with aggravated assault, simple assault, and recklessly endangering another person, but the charges were eventually dropped.
Quinn had argued a trial judge was wrong to dismiss his claims for false arrest and false imprisonment because there was a dispute of material fact whether officers had probable cause to arrest him. The 3rd Circuit affirmed the trial court.
Though one of the officers gave conflicting testimony about when he had probable cause to arrest Quinn his subjective belief is irrelevant, the 3rd Circuit said. The probable cause analysis requires an objective inquiry, which supports a finding of probable cause as a matter of law, the appeals court said.
Quinn had also argued the officers lacked probable cause because there was no evidence that the social worker suffered bodily injury. The 3rd Circuit rejected that argument, saying it “confuses the probable cause inquiry with the prosecutor’s burden at trial, that is, to prove every element of the offense beyond a reasonable doubt.”
The trial judge had allowed Quinn to pursue an excessive force claim, but jurors found for the officer.
