Franklin v. Miami University

Officer Fox ignored exculpatory facts suggesting that Franklin had not committed the crime of menacing when he determined that he had probable cause to arrest Franklin. The record is replete with evidence from which a jury could conclude that the sum of what transpired between Johnston and Franklin was simply an argument which did not leave Johnston feeling threatened. Because a reasonable jury could look at the totality of the circumstances and conclude that probable cause did not exist, I would affirm the decision of the district court.

I agree with the majority that, under the law of this…