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203292P.pdf 09/29/2021 Brandon Wheeler v. Mark Kidder
U.S. Court of Appeals Case No: 20-3292
U.S. District Court for the Eastern District of Arkansas - Central
[PUBLISHED] [Smith, Author, with Colloton and Erickson, Circuit Judges]
Civil case - Civil rights. The district court did not err in determining
the defendant police officers were not entitled to qualified immunity
based on an argument that they reasonably relied on the advice of the
prosecuting attorney in crafting a misleading arrest-warrant affidavit;
this case is factually distinguishable from Messerschmidt v. Millender,
565 U.S. 535 (2012), on which defendants rely, because Messerschmidt did
not involve a claim that officers obtained a warrant based on a misleading
affidavit. Judge Colloton, concurring.