context: Here, both of the claims at issue-- for violations of Plaintiffs Fourth Amendment rights to be free from (1) arrest without probable cause, and (2) malicious prosecution--turn on whether Defendants had probable cause.
citation_a.signal: see also
citation_a.identifier: 780 F.3d 1007, 1007
citation_a.parenthetical: qualified immunity analysis turned on "whether extant clearly established law [at the time of the events at issue] would have placed a reasonable, similarly situated police officer on notice that no probable cause existed"
citation_a.sentence: See Romero v. Fay, 45 F.3d 1472, 1476 (10th Cir. 1995) (“A police officer may arrest a person without a warrant if he has probable cause to believe that person committed a crime.”); Wilkins v. DeReyes, 528 F.3d 790, 799 (10th Cir. 2008) (to succeed on a malicious prosecution claim, a plaintiff must show that “no probable cause supported the original arrest, continued confinement, or prosecution”). Because Garcia I concluded that “Plaintiff submitted sufficient evidence to support his claim that his arrest was without probable cause,” 551 Fed.Appx. at 467, as Defendants recognize, the only remaining issue in the qualified-immunity analysis is whether, in March 2009, Defendants lacked probable cause under clearly established law to arrest and prosecute Plaintiff, see Callahan, 806 F.3d at 1027; see also Quinn, 780 F.3d at 1007 (qualified immunity analysis turned on “whether extant clearly established law [at the time of the events at issue] would have placed a reasonable, similarly situated police officer on notice that no probable cause existed”).
citation_b.signal: see
citation_b.identifier: 528 F.3d 790, 799
citation_b.parenthetical: to succeed on a malicious prosecution claim, a plaintiff must show that "no probable cause supported the original arrest, continued confinement, or prosecution"
citation_b.sentence: See Romero v. Fay, 45 F.3d 1472, 1476 (10th Cir. 1995) (“A police officer may arrest a person without a warrant if he has probable cause to believe that person committed a crime.”); Wilkins v. DeReyes, 528 F.3d 790, 799 (10th Cir. 2008) (to succeed on a malicious prosecution claim, a plaintiff must show that “no probable cause supported the original arrest, continued confinement, or prosecution”). Because Garcia I concluded that “Plaintiff submitted sufficient evidence to support his claim that his arrest was without probable cause,” 551 Fed.Appx. at 467, as Defendants recognize, the only remaining issue in the qualified-immunity analysis is whether, in March 2009, Defendants lacked probable cause under clearly established law to arrest and prosecute Plaintiff, see Callahan, 806 F.3d at 1027; see also Quinn, 780 F.3d at 1007 (qualified immunity analysis turned on “whether extant clearly established law [at the time of the events at issue] would have placed a reasonable, similarly situated police officer on notice that no probable cause existed”).