Skip to main content

Are you a legal professional? Visit our professional site

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

Jackson v. Parker, 09-3873

By FindLaw Staff on December 03, 2010 3:13 PM

Plaintiff's Fourth Amendment claim against a police officer for "DUI frame-up"

Jackson v. Parker, 09-3873, concerned a challenge to the district court's grant of a police officer's motion for summary judgment, in plaintiff's Fourth Amendment claim against a police officer for false arrest, alleging that the officer did not have probable cause to arrest plaintiff for driving under the influence and other minor traffic violations.

 

In affirming the judgment, the court held that the district court correctly determined that a finding of probable cause bars plaintiff's false arrest claim even if the officer did not have probable cause to arrest plaintiff for a DUI and even though he was not ultimately charged with driving a prohibited vehicle.  The court also held that the plaintiff has forfeited his argument, that he was unreasonably detained in violation of the Fourth Amendment because of the alleged DUI frame-up, by not raising it for the first time on appeal.

Related Link:

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard