Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for FreeJ. Brasher finds that the district court improperly denied the district attorney's and assistant district attorney's motion for summary judgment on a false arrest claim in a civil rights and defamation action brought by two attorneys who were arrested after refusing to turn over a client's phone, which was placed in an attorney's bag minutes before police executed a search warrant for child porn on the phone. The attorneys were later acquitted of obstructing governmental operations and refusal to permit an inspection. The DA, ADA and deputies are entitled to qualified immunity because they had arguable probable cause to arrest the attorneys. An officer could have reasonably believed that the attorneys intended to prevent police from examining the phone. However, the DA and ADA are not entitled to state-agent immunity from the defamation claim arising from public statements they made alleging that the attorneys engaged in unethical and criminal conduct. Reversed in part.