Marshall Spiegel v. Joseph Cortese, Detective, and James Hennelly and Holly Zielke

How courts have described this case

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

• finding that defendant had probable cause to arrest plaintiff despite victim waiting nearly a month to make a report, inconsistencies in the victim’s report, and evidence suggesting that the victim’s charge against plaintiff was retaliatory
• Finding probable cause for arrest occurring same day the victim reported the altercation and provided photographs of an injury
• “Nothing suggests that a victim’s report must be unfailingly consistent to provide probable cause.”
• finding officer was entitled to qualified immunity even though the victim waited nearly a month to make a report and there were inconsistencies in the report and where there was evidence the victim’s charge against the plaintiff was retaliatory
• “Nothing suggests that a victim’s report must be unfailingly consistent to provide probable cause. The credibility of a putative victim or witness is a question, not for the police officers in the discharge of their duties, but for the jury in a criminal trial.”
• rejecting the argument that certain facts would have caused a reasonable officer to take further investigative steps because the facts did not “render . . . incredible” the facts the officer relied on to find probable cause and finding the officer was entitled to qualified immunity

Source: CourtListener parenthetical corpus (CC0).