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Jackson v. Parker, 09-3873

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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.

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