Harrington v. City of Council Bluffs, Iowa

This is an interlocutory appeal from an order of the district court denying a motion for summary judgment based on qualified immunity. The motion raised a single argument — that the existence of probable cause to arrest the appellees for car theft required the dismissal of all “causes of action that are based upon a lack of probable cause.” R. Doc. 154, at 1. The district court denied the motion. The majority reverses the district court’s decision based on a point of law that was not raised or decided on the motion for summary judgment, ante, at 682, and then declines to decide the question…