Diana Pepper Sevigny v. Andrew F. Dicksey, Individually, and the Town of Carolina Beach, (Two Cases)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that child abuse investigator has duty to investigate information that would have clarified matters prior to separating children from their parents
• holding officer who neglected to\avail himself of readily available information\ which would have exculpated the plaintiff was not entitled to qualified immunity for unlawful arrest
• holding officer who failed to “avail himself of readily available information” during his investigation which would have confirmed plaintiff’s explanation of events was not entitled to qualified immunity for unlawful arrest
• upholding jury finding of lack of probable cause because officer charged woman with two offenses that were factually inconsistent and because the officer failed to interview witnesses at the scene
• finding a Fourth Amend- ment violation where an officer “did not avail himself of readily available information” or undertake “rudimentary inquiries” that would have revealed the arrest to be “factually unsupportable”
• declining to extend qualified immunity to officer where his misapprehension of the actual facts was not a reasonable one and “did not bother to do what any police officer acting reasonably in the circumstances would have done to clarify the factual situation.”

Source: CourtListener parenthetical corpus (CC0).