Edward Chevallier v. Deputy Sheriff Joel Hand
722 F.3d 1101
8th Cir.2013Background
- Chevallier arrested after allegedly taunting Rice; charges dismissed; Chevallier sues Hand and Floyd for false arrest and excessive force; Hand argues qualified immunity; district court denied partial summary judgment for false arrest and found insufficient probable cause; Hand appealed and district court’s analysis relied on lack of corroboration and non-witness status; arrest based on criminal trespass and disorderly conduct, with corroboration limited to Chevallier on a four-wheeler and Rice’s statements; Arkansas law defines criminal trespass requiring unlawful entry onto another's premises; court analyzes whether there was arguable probable cause supporting a warrantless arrest under qualified immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was arguable probable cause for arrest | Chevallier lacked probable cause | Hand had arguable probable cause based on multiple factors | Arguable probable cause shown; Hand entitled to immunity |
| Whether an 'in the presence' requirement applied | No strict in-presence requirement | District court imposed unsupported requirement | No clear in-presence requirement; not clearly established as a prerequisite for warrantless arrest |
| Whether the proper standard is arguable probable cause, not probable cause in fact | Probable cause in fact required | Arrest requires only arguable probable cause | Governing standard is arguable probable cause; Hand entitled to immunity |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (1983) (informant information may justify arrest if corroborated by other facts)
- Brinegar v. United States, 338 U.S. 160 (1949) (probable cause standard established for arrests)
- Jones v. United States, 362 U.S. 257 (1960) (application of probable cause principles in arrest context)
- Veatch v. Bartels Lutheran Home, 627 F.3d 1254 (8th Cir. 2010) (courts consider arguable probable cause in qualified immunity)
- Joseph v. Allen, 712 F.3d 1222 (8th Cir. 2013) (reaffirmation that qualified immunity uses arguable probable cause standard)
- Borgman v. Kedley, 646 F.3d 518 (8th Cir. 2011) (articulates arguable probable cause standard for qualified immunity)
- Woods v. City of Chicago, 234 F.3d 979 (7th Cir. 2000) (informant corroboration and presence considerations in arrests)
- Habiger v. City of Fargo, 80 F.3d 289 (8th Cir. 1996) (qualified immunity standard—arguable probable cause protects reasonable mistakes)
- Walker v. City of Pine Bluff, 414 F.3d 989 (8th Cir. 2005) (reiterates standard for qualified immunity in arrest scenarios)
- Stufflebeam v. Harris, 521 F.3d 884 (8th Cir. 2008) (probable cause requirement in Fourth Amendment arrest)