Defendant's Attorney: Not Available

Description: Denver, Colorado civil rights lawyer represented the Plaintiff who claimed that he was wrongfully arrested on a warrantless arrest for witness retaliation and seizure of his cell phone pursuant to a warrant.

* * *

Over the course of more than ten years, disputes between Mr. Wieber and his
neighbors generated so many calls to the City of Golden Police Department that in
October 2016, the department promulgated a policy to govern its response to
complaints from the neighborhood. The department articulated the contours of this
policy in an email to the entire police department, with Mr. Wieber copied,
explaining that the department had reached a “pivotal point with everyone in the
neighborhood that has [led] us to a zero tolerance for anything criminal taking place
(If a crime has been committed, charges will be filed).” App. Vol. II at 374.

* * *

“The doctrine of qualified immunity shields officials from civil liability so
long as their conduct ‘does not violate clearly established statutory or constitutional
rights of which a reasonable person would have known.’” Mullenix v. Luna, 577 U.S.
7, 11 (2015) (quoting Pearson v. Callahan, 555 U.S. 223, 231 (2009)). By protecting
“all but the plainly incompetent or those who knowingly violate the law,” qualified
immunity “gives government officials breathing room to make reasonable but
mistaken judgments.” Messerschmidt v. Millender, 565 U.S. 535, 546 (2012)
(quoting Ashcroft v. al-Kidd, 563 U.S. 731, 743 (2011)).

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments: