Sevigny v. Dicksey

This is an appeal from a judgment on a jury verdict in favor of the plaintiff in an action brought under 42 U.S.C. § 1983 claiming that a police officer had violated the plaintiffs fourth amendment rights by arresting her without probable cause. Following the jury verdict, which necessarily found that the arrest was made without probable cause, the district court denied defendants motion for judgment notwithstanding the verdict based on his claim of qualified immunity. We agree with the district courts conclusion that the officer was not entitled to immunity and therefore, with one modification as to amount, affirm the judgment against the defendant.