You can’t make this stuff up. We have hair-pulling, wrist-scratching, facepunching, and rock-throwing—all the makings of a good old-fashioned schoolyard scrap. But alas, the combatants in the fracas underlying this Fourth Amendment case were grown-ups—sisters, in fact. Sheesh. Sister No. 1, Lori Huebner, was arrested for simple battery following an altercation with Sister No. 2, Kathleen Dobin. Huebner later sued Deputy Peter McDonough, alleging that he violated her Fourth Amendment rights (1) by arresting her without probable cause—in particular, by relying on what she claimsEnjoy the rest of the opinion.
was untrustworthy information and by failing to conduct an adequate investigation—and (2) by using excessive force in the course of effectuating the arrest. The district court granted summary judgment to McDonough, and Huebner now appeals. We hold that McDonough had ample probable cause to arrest Huebner—the underlying information indicating that she had battered her sister was credible and his investigation was sufficient—and that McDonough didn’t use excessive force in making the arrest.
Thursday, August 22, 2019
That's a sentence from this introductory paragraph by Judge Newsom: