Clifford J Ochser v. Gerard funk/anthony Cruz

OPINION

PELANDER, Justice.

¶ 1 Clifford Ochser brought this civil rights action against two deputy sheriffs for arresting him on a warrant that had been quashed some thirteen months earlier. Although we hold that Ochser’s arrest was an unreasonable seizure prohibited by the Fourth Amendment, we conclude that the deputies are entitled to qualified immunity because then-existing law did not clearly establish the unconstitutionality of their actions.

I. FACTUAL AND PROCEDURAL BACKGROUND

¶2 We view the facts in the light most favorable to Ochser, against whom summary judgment was entered below.…