#1313 melville court pizza place free#

Washington cannot prove that Howard violated her constitutional rights for three reasons: probable cause persisted throughout her detention, Howard was entitled to rely on a facially valid and lawfully obtained warrant, and he did not take an affirmative action to continue the prosecution.

The district court granted summary judgment in favor of Howard based on qualified immunity.

#1313 melville court pizza place free#

Washington sued Howard and alleged that Howard had an affirmative duty to return to the magistrate to inform him that the perpetrator had said, вЂњhat's not her,вЂќ and that, by not doing so, Howard violated her right to be free from unreasonable seizures under the Fourth and Fourteenth Amendments because there was no longer probable cause to support her detention. Shortly after the arrest, Officer Hugh Howard of the Meriwether County Sheriff's Office brought Washington in front of the perpetrator, who said, вЂњhat's not her.вЂќ Howard continued to detain Washington for approximately twenty hours and then released her when the perpetrator confessed that he had lied about Washington. During an investigation of the murder of an elderly woman, Vivianne Washington was arrested pursuant to a warrant based on a tip from a confidential informant that she was involved in the crime and a positive photograph identification by a perpetrator who had already confessed. *894 This appeal requires us to decide whether an officer must release a suspect detained pursuant to a valid arrest warrant when he learns of possibly exculpatory evidence.