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Shannon Mccomas v. Edward Brickley

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ARGUED OCTOBER 17, 2011

Before BAUER, POSNER and WOOD, Circuit Judges.

The plaintiff-appellee, Shannon McComas, was arrested by the defendant-appellant, Edward Brickley, for murder and for assisting a criminal in the state of Indiana. State prosecutors formally charged McComas only with assisting a criminal and false informing. These charges were later dropped. McComas then brought suit in federal court against Brickley for false arrest under 42 U.S.C. § 1983. Brickley moved for summary judgment in the district court, arguing that he had probable cause for the arrest and that he is protected by qualified immunity. The court denied his motion. Finding error in the court’s qualified immunity determination, we reverse.

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