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172074P.pdf   08/24/2018  Catrina Johnson  v.  City of Minneapolis
   U.S. Court of Appeals Case No:  17-2074
   U.S. District Court for the District of Minnesota - Minneapolis   
[PUBLISHED] [Shepherd, Author, with Melloy and Grasz, Circuit Judges] Civil case - Civil rights. The district court did not err in denying defendant officer's motion for summary judgment based on qualified immunity and the City's motions for summary judgment based on official immunity; it was not objectively reasonable for the officer to arrest plaintiff based on the mistaken belief that plaintiff kicked him as he had reason to know plaintiff could not have delivered the kind of pain he felt and he did not observe plaintiff commit a criminal act and was not told by anyone else that she had; this court has previously held that an officer who did not witness a crime did not have arguable probable cause to arrest a suspect when an officer did minimal investigation, ignored exculpatory evidence and disregarded an eyewitness in close proximity and, as a result, a reasonable officer, looking at the entire legal landscape, could not interpret the law as permitting an arrest; under Minnesota law, a factfinder could determine the officer had reason to believe that he arrested plaintiff without probable cause, and the City, therefore, was not entitled to official immunity.