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Court reconsiders; holds that cop cannot be liable for misdemeanor arrest

In the case of Minor v. Fick, an arestee sued the arresting cop for improper arrest and excessive force.  Minor claimed that Fick harbored ill will toward him, that the Police Department never arrested persons under similar circumstances (allowing an animal to run loose), and that the latter claim was a mere pretext for Minor's arrest, detention and physical abuse.

The Court held that since the City had adopted an ordinance making it a misdemeanor to allow an animal to run loose, even if Minor proved all of the above allegations, he would still not have avoided Officer Fick's entitlement to governmental immunity.  Since Fick was admittedly in the vicinity where a misdemeanor was committed (the dog was loose), there was good cause for his arrest of Minor.

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