Cop doesn't get immunity where he may have lied about circumstances of arrest

Candido Romo left the bar intoxicated. He turned down his brother's request to "sleep it off" at a relative's house, and instead chose to sleep in his parked car. His brother left with his keys. Before Romo could sleep off the booze, however, an officer arrested him for drunken driving. The officer, Jeff Argen, claimed that he witnessed Romo driving the car. His explanation evolved over time, however, and was contradicted by the brother who had the keys. Despite the factual contradictions, Argen's insurer argued that he was entitled to governmental immunity because he arrested Romo "in good faith." The Court of Appeals rejected this argument and pointed out that if the jury did not believe his account of the arrest, he was not entitled to immunity.