Timothy Galarnyk v. Tom Fraser
2012 U.S. App. LEXIS 16355
| 8th Cir. | 2012Background
- On Aug 9, 2007 MSP Captain Fraser detained Galarnyk at the I-35W bridge collapse site; district court granted summary judgment for Fraser; Galarnyk appeals.
- Aug 1, 2007 collapse prompted responses from OSHA, NTSB, MnOSHA, MnDOT; MSP assigned safety and security duties to Fraser and others.
- Galarnyk, CEO of Construction Risk Management, criticized MnDOT inspections on Aug 2 and appeared on FOX News; he later went to the site with no official purpose.
- At the site, Galarnyk met Fraser in the command area, then allegedly entered the OSHA trailer without permission and interrupted a private safety meeting.
- Fraser and Major Asleson sought to remove Galarnyk; Fraser escorted him to the MPD command post where he was detained, searched, and later released without charges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there probable cause for arrest/ detention | Galarnyk asserts no lawful trespass justified arrest | Fraser had probable cause based on Galarnyk's presence in restricted area and previous orders not to return | Probable cause existed; false arrest claim fails |
| Was Fraser entitled to qualified immunity | Fraser violated clearly established rights by arresting without probable cause | Arrest supported by probable cause; action reasonably mistaken yet lawful | Fraser entitled to qualified immunity |
| Does probable cause defeat a First Amendment retaliatory arrest claim | Retaliation for speech violated First Amendment irrespective of probable cause | Probable cause defeats retaliatory arrest claim | Probable cause defeats First Amendment retaliatory arrest claim |
Key Cases Cited
- Devenpeck v. Alford, 543 U.S. 146 (U.S. 2004) (arrest reasonable under Fourth Amendment if probable cause exists)
- Whren v. United States, 517 U.S. 806 (U.S. 1996) (subjective intent irrelevant to probable cause legality)
- McCabe v. Parker, 608 F.3d 1068 (8th Cir. 2010) (lack of probable cause is necessary element of retaliatory arrest claim)
- Reichle v. Howards, U.S. , 132 S. Ct. 2088 (U.S. 2012) (probable cause may shield First Amendment retaliation claim where not clearly established)
- Green v. Nocciero, 676 F.3d 748 (8th Cir. 2012) (credible information may provide probable cause to arrest for trespass)