The following excerpt is from Pourkavoos v. Town of Avon, No. 18-2777 (2nd Cir. 2020):
cause did not exist, an arresting officer is still entitled to qualified immunity "if either (a) it was objectively reasonable for the officer to believe that probable cause existed, or (b) officers of reasonable competence could disagree on whether the probable cause test was met." Golino v. City of New Haven, 950 F.2d 864, 870 (2d Cir. 1991). A defendant is not, however, entitled to qualified immunity if he "knowingly and intentionally, or with reckless disregard for the truth, made a false statement in his affidavit and . . . the allegedly false statement was necessary to the finding of probable cause." Id. (internal quotation marks omitted). Additionally, "[i]ntentional or reckless omissions of material information, like false statements," defeat qualified immunity. Id. at 871.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.