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Home / Opinion Digests / Constitutional / Constitutional – Search & Seizure – Civil Rights – Tort/Negligence – Arrest (access required)

Constitutional – Search & Seizure – Civil Rights – Tort/Negligence – Arrest (access required)

Brown v. Winders If, as plaintiff has alleged, the defendant-deputy told the 62-year-old overweight, disabled plaintiff that the deputy knew plaintiff wasn’t the one riding plaintiff’s motorcycle when it sped away from the deputy, then the deputy violated plaintiff’s clearly established right to be free from unreasonable seizures when he arrested her for fleeing to elude arrest. Defendants’ motion to dismiss is granted as to plaintiff’s state-law claims against the defendant-sheriff. Otherwise, the motion is denied.

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