U.S. Fourth Circuit - The FindLaw 4th Circuit Court of Appeals Opinion Summaries Blog

June 2017 Archives

Circuit Court Affirms Immunity in False Arrest

Jan Eshow was driving his family along a Virginia road when police pulled him over for speeding.

Moments later, the police arrested Eshow on a warrant from a fraud case that had been filed against him. They handcuffed the man, placed him in the cop car and drove off while his family watched. It got even worse for his wife, Sadwa Safar.

The problem was, the fraud charges were not true. Safar and Eshow sued the officer and a prosecutor, but a federal appeals court said in Safar v. Tingle that they were immune from civil liability.