DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
211428P.pdf 03/14/2022 Lawrence Allen v. Chris Monico
U.S. Court of Appeals Case No: 21-1428
U.S. District Court for the District of Nebraska - Lincoln
[PUBLISHED] [Kelly, Author, with Benton and Erickson, Circuit Judges]
Civil Case ? Civil Rights. After his acquittal, Allen brought civil
rights action against two police officers, alleging they conspired to
provide false statements in an affidavit of probable cause executed after
his arrest, resulting in his unreasonable arrest, false imprisonment, and
malicious prosecution. The district court?s grant of qualified immunity
to the officers is affirmed, as the affidavit provided arguable probable
cause for his arrest even without the allegedly false statements.
Reviewing the uncontested portions of the affidavit, and viewed in
totality with the relevant circumstances, the affidavit with the alleged
falsehoods removed still supports probable cause and thus the district
court did not err in concluding the officers were entitled to qualified
immunity.