Philip Apsey v. Chester Township, OH

McKEAGUE, Circuit Judge.

Officers Matthew Brickman and Todd Pocek bring this interlocutory appeal from an order of the district court denying them qualified immunity on plaintiff Philip Apsey’s 42 U.S.C. § 1983 claims of false arrest and malicious prosecution. We REVERSE the district court because the undisputed facts show probable cause existed to arrest and prosecute Apsey and REMAND for consideration of the stayed state law civil conspiracy claim.

I. Background

On July 13, 2010, Officers Brickman and Pocek were dispatched to the intersection of Route 306 and Cedar Road, driving in separate…