Thursday, January 19, 2012

Tenth Circuit Koch v. Dell City 10-6105

Decision here.

   An officer in Oklahoma arrests Koch for obstruction for not answering questions (he was asking about the whereabouts of an elderly woman in Koch's care for a welfare check).  Charges are dropped, and Koch sues.  The officer is somehow granted qualified immunity.  After this case, it's probably clearly established that you can't arrest someone for refusing to answer questions, so don't do that.

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