In a 42 U.S.C. section 1983 action alleging an unlawful arrest, judgment for defendants is affirmed in part where the district court did not abuse its discretion by declining to give an involuntary transportation instruction, because defendants conceded that transporting plaintiffs to the police station was equivalent to an arrest. However, the ruling is reversed in part where defendants lacked probable cause to arrest plaintiffs as a matter of law.
Filed July 31, 2009
Opinion by Judge McConnell
Paul J. Kennedy, Kennedy & Han, P.C., Santa Fe, NM