Roric Gibbs v. Brooke Lomas
2014 U.S. App. LEXIS 11688
| 7th Cir. | 2014Background
- Gibbs was stopped after a complaint that he drove with an unholstered gun visible in his car; Lomas arrested Gibbs for disorderly conduct.
- Dispatch and a witness described Gibbs’s driving and gun handling, including pointing the gun at the car ceiling; Gibbs matched the driver description.
- Lomas detained Gibbs, performed a stop and pat-down, and Gibbs later provided that he had airsoft weapons in the Jeep.
- Lomas searched Gibbs’s Jeep for airsoft weapons; she found an airsoft handgun, shotgun, and knife and detained Gibbs.
- The district court denied qualified immunity to Lomas; Gibbs’s §1983 suit proceeded on claims of false arrest and unlawful search.
- The Seventh Circuit reversed, holding the right to arrest/search under these facts was not clearly established and qualified immunity applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Gibbs’s arrest supported by probable cause? | Gibbs argues lack of probable cause under 947.01(1)-(2). | Lomas argues totality of circumstances yielded probable cause for disorderly conduct. | Probable cause existed; but reversed on clearly established rights analysis. |
| Was the right at issue clearly established at the time of the arrest? | Gibbs contends the statute’s scope and new subsection were clearly established against the arrest. | Lomas contends the right was not clearly established given open interpretive questions. | Right was not clearly established; qualified immunity protected Lomas. |
| Whether the search of Gibbs's vehicle was permissible as a search incident to arrest? | If arrest was unlawful, the search would be unlawful. | If arrest was lawful, the search incident to arrest was valid. | Search was permissible under the valid arrest and accordingly immune. |
Key Cases Cited
- Mitchell v. Forsyth, 472 U.S. 511 (1985) (collateral order doctrine and qualified immunity framework)
- Pearson v. Callahan, 555 U.S. 223 (2009) (two-prong qualified immunity test; flexible sequencing)
- Reher v. Vivo, 656 F.3d 772 (7th Cir. 2011) (probable cause standard allows reasonable mistakes; open to interpretation)
- Abbott v. Sangamon Cnty., 705 F.3d 706 (7th Cir. 2013) (probable-cause elements for disorderly conduct; statute interpretation)
- Gant, 556 U.S. 332 (U.S. 2009) (vehicle search incident to arrest exceptions)
- Jones v. City of Elkhart, Ind., 737 F.3d 1107 (7th Cir. 2013) (totality-of-circumstances and probable cause analysis)
- Gonzalez v. Village of West Milwaukee, 671 F.3d 649 (7th Cir. 2012) (false arrest and probable cause considerations)
- Matthews v. City of E. St. Louis, 675 F.3d 703 (7th Cir. 2012) (informant credibility and probable cause considerations)