Previous witness against police department can pursue claim of retaliatory arrest

Jeffrey Minor was a witness against the City of Sylvan Lake and officers Mark Silver and Jeffrey Fick.  He was arrested as he attempted to chase his dog as it ran into the street.  He argued that he was arrested, and then paraded before gloating officers, becasue he had previously testified against the Police Department in a sexual harassment case.  Although he was charged with multiple offenses, including allowing his dog to run loose and resisting arrest, the Prosecutor dropped all charges before trial.  Minor then sued the Department and the above officers.  They appealed when the trial judge refused to grant their motion for summary disposition.

On appeal, the higher court remanded the case for further proceedings, holding that it would be premature to grant the defendants summary judgment.  It noted that factual questions abounded in terms of probable cause for arrest and Minor's other claims.