James E. White v. Leon Taylor, Etc., Clell Harrell

FITZWATER, District Judge:

In this appeal from a judgment holding a chief of police individually liable, we decide whether the contours of the Fourth Amendment right of a warrantless misdemeanor arrestee to a prompt probable cause determination were clearly established prior to County of Riverside v. McLaughlin, — U.S. -, 111 S.Ct. 1661, 114 L.Ed.2d 49 (1991). Concluding they were not in the sense relevant to the instant facts, and that there is no other basis to find that the police chief violated clearly established law, we reverse the judgment on the ground that the police chief is entitled…