Aaron v. Shelley
2010 U.S. App. LEXIS 23412
| 8th Cir. | 2010Background
- Aaron, a part-time England, Arkansas police officer not being paid due to budget cuts, witnesses a possible drug deal in a park in Jacksonville.
- Aaron detains four individuals, they produce drugs, and he obtains their names, addresses, and phone numbers.
- He calls Jacksonville police and flags down a Pulaski County Deputy; Jacksonville officers investigate and later release the suspects without charges.
- Aaron is arrested for impersonating a police officer, false imprisonment, and terroristic threatening; charges are later nol pros.
- Aaron sues Jacksonville officers Shelley and Rozenski (individual and official capacities) and the City under 42 U.S.C. § 1983 for Fourth Amendment violations.
- District court denies qualified immunity on Aaron’s Fourth Amendment claims; on appeal, the officers argue there was arguable probable cause based on victims’ reports.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to review qualified immunity on disputed facts | Appeal should review the legal question of qualified immunity even with disputed material facts. | Appealable only if the dispute centers on law, not facts; here facts control. | Lack of jurisdiction; interlocutory order dismissed. |
Key Cases Cited
- Johnson v. Jones, 515 U.S. 304 (1995) (interlocutory appealability under collateral order doctrine)
- Mitchell v. Forsyth, 472 U.S. 511 (1985) (standard for qualified immunity; when to review)
- Mahamed v. Anderson, 612 F.3d 1084 (8th Cir. 2010) (precedent on appellate jurisdiction in immunity cases)
- Levan v. George, 604 F.3d 366 (7th Cir. 2010) (cites jurisdictional constraints on appeals)
- Walker v. City of Pine Bluff, 414 F.3d 989 (8th Cir. 2005) (treatment of factual disputes in qualified immunity appeals)