Joe Longfellow argues before the Eleventh Circuit Court of Appeal in Montgomery, AlabamaAugust 20, 2019 |
On August 20, 2019, Joe Longfellow went before a panel of 3 judges of the Eleventh Circuit Court of Appeal to argue in favor of affirming the district court's holding that an officer was entitled to qualified immunity and summary judgment on a false arrest claim brought pursuant to 42 U.S.C. § 1983.
Joe Longfellow argued to the panel there was no constitutional violation with the officer arresting the Appellant and entering the home to effectuate the arrest based on exigent circumstances. He further argued the law was not clearly established as to whether exigent circumstances were even needed based on the language of Fla. Stat. § 901.15. Accordingly, it would be reasonable for an officer to believe he had a right to enter a home without a warrant as long as the suspect committed either a felony or misdemeanor in the officer's presence and either immediately or in fresh pursuit went to arrest the suspect.
This appeal derives from a claim wherein excessive force was also claimed, tried and resulted in a defense verdict.