DocketNumber: Case No. 3:17-cv-854-J-34JBT
Citation Numbers: 343 F. Supp. 3d 1219
Judges: Howard
Filed Date: 10/16/2018
Status: Precedential
Modified Date: 7/25/2022
THIS CAUSE is before the Court on Defendant Gerald L. Ford's Dispositive Motion for Summary Judgment (Doc. 33; Ford's Motion) and Defendant City of Lake City's Motion for Summary Judgment (A Dispositive Motion) and Memorandum of Law (Doc. 34; City's Motion) (collectively, "the Motions"), filed on May 21, 2018. On June 11, 2018, the Court entered an Order (Doc. 36) noting that it would treat the Motions as unopposed if Plaintiff Jason Benoit did not file a response by June 25, 2018. See Order. Pursuant to the Court's directive, Benoit filed Plaintiff's Response in Opposition to Defendants' Motions for Summary Judgment (Doc. 37; Response) on the deadline. With leave of Court, see Order (Doc. 39), Defendant City of Lake City (the "City") filed Defendant's Reply to Plaintiff's Response in Opposition to Defendant's Motion for Summary Judgment (Doc. 40; Reply) on July 25, 2018. Accordingly, this matter is ripe for review.
I. Consideration of Defendants' Affidavits and Declaration
Defendants have provided various items of evidentiary material in support of the Motions, including the Affidavit of Gerald Ford (Officer Ford) (Doc. 32-1; Ford Aff.), the Affidavit of Ryan Nydam (Doc. 34-7; Nydam Aff.) and the Declaration of Kevin C. Kostelnik, counsel for Defendant Officer Ford, (Doc. 32-5; Kostelnik Declaration). Before considering the merits of the Motions, the Court will address one argument raised by Benoit with regard to the evidence presented by Defendants in support of their Motions.
In the Response, Benoit urges the Court to disregard the affidavits of Officer Ford and Nydam, as well as the Kostelnik Declaration. Response at 8. As to all three, Benoit argues that the affidavits and declaration should not be considered by the Court because they were produced after the close of discovery. Id. However, Benoit *1224points to no authority which requires that affidavits or declarations submitted in support of a motion for summary judgment need to have been produced during the course of discovery. While Rule 56(c)(1)(A), of the Federal Rules of Civil Procedure (Rule(s) ), requires a motion for summary judgment to be supported by "materials in the record, including .... affidavits or declarations ...," nothing in the Rule suggests that the affidavits or declarations themselves have to have been produced in discovery in order to be considered in support of or in opposition to a motion for summary judgment. See Rule 56(c)(4) (requiring only that affidavits be made on personal knowledge, set forth facts that would be admissible at trial, and show that the affiant is competent to testify to these matters). Thus, to the extent Benoit seeks exclusion of the affidavits and declaration on this basis, his argument is unavailing.
With regard to Ford's Affidavit, Benoit also suggests that it should be disregarded because Officer Ford submitted only excerpts of his deposition "leaving out the portions of his deposition that contradict the affidavit." Response at 8. Again, Benoit cites no authority in support of this position. Notably, as a general proposition, "[i]n light of the jury's role in resolving questions of credibility, a district court should not reject the content of an affidavit even if it is at odds with statements made in an earlier deposition." Kennett-Murray Corp. v. Bone,
Last, Benoit urges that the Kostelnik Declaration should be disregarded for the additional reason that Officer Ford did not disclose Kostelnik as a witness (or person with knowledge) prior to the close of discovery and because Kostelnik "cannot be both the attorney of record and a witness." Response at 8. This argument, like the others addressed here, is unsupported by citation to any legal authority. A review of the Kostelnik Declaration discloses that it addresses only one issue relevant to the Motions. See generally Kostelnik Declaration. In Paragraph Three, Kostelnik authenticates three e-mails received in discovery from the City.
II. Background Facts
On July 1, 2014, Benoit's ex-girlfriend, Alison Melissa
When Officer Ford arrived at Melissa's home, he observed that she "had the appearance of someone scared and nervous." See Offense Report at 1, 3. Melissa showed Officer Ford a copy of the Injunction and said she was scared because she knew Benoit would hurt her. Id. at 3. She also said that Benoit had e-mailed her several times from a disguised e-mail address and showed Officer Ford three of the messages. Id. The first e-mail read:
I don't want to hurt you! Just answer my calls. I am sorry! Just give me one last chance. Please just let me prove that I will change for you!! You changed your number! I've been calling your emergency number. I know you really don't look at it and keep it in your purse, Please. I am trying to fix this! I wouldn't have changed my number but Marc made me when we were going through all of this. I LOVE YOU ALISON[.] [sic].
Kostelnik Declaration Ex. A: E-Mails at 1. The second e-mail read:
Alison, you are not being fair with me. All I ask is for one chance to talk to you. Why won't you answer my phone calls Alison? You are really upsetting me. I am willing to risk everything to come see you. I know I am on house arrest but I have to see you. I know once you see me everything will be Okay. Please don't make me do this! Answer my calls. I love you[.]
Id. at 2. The third e-mail, sent approximately three and a half hours after the second, read: "Babe, I disguised my email so I won't get in trouble for contacting you. We need to talk. I love you babe. I got a smartphone, my number is 386-249-1448. Please, I don't want to fight. Please just talk to me. I love you[.]" Id. at 3 (emphasis in original).
Melissa also told Officer Ford that Benoit hacked her facebook account and called her 23 times over the past three days. See Offense Report at 3. Melissa showed Officer Ford her call history which displayed 23 incoming calls from the phone number provided in the third e-mail. See Ford Aff. ¶ 11; Offense Report at 3. Officer Ford reviewed Melissa's call history to determine and document the dates and times of the 23 calls. Id. at 101-103. In doing so, he observed that Melissa stored the caller's number under Benoit's name as an emergency contact and, according to his Offense Report, heard Benoit's voice on the voicemail greeting. See Offense Report at 3.
My ex, Jason Benoit, has a restraining order on him for my protection. In the *1227last 3 days, I have received 23 phone calls from him, he hacked my facebook account, and emailed me from a disguised email account. I have ignored him, and he still continued calling me. This afternoon, I received the last email stating if I didn't answer the phone, he would come to my house. I am scared and don't want him anywhere near me, so I contacted the police. I know he will hurt me!
Voluntary Statement. Melissa signed the Voluntary Statement below the following affirmation:
I have read each page of this statement consisting of 1 page(s), each page of which bears my signature, and corrections, if any, bear my initials, and I certify that the facts contained herein are true and correct. I also declare that I was not told or prompted what to say in this statement. This statement was completed at 8:00 P.M. on the 1 day of July, 2014.
Id. The Voluntary Statement also bears Officer Ford's signature as a witness. See id. In his deposition, Officer Ford testified that at the time of his interaction with Melissa, he had no reason to believe that her statements were anything but truthful. See Ford Dep. at 33-34. He further testified that although he "tried to be thorough," he "wanted to get it done and move on to the next call." Id. at 84. After leaving Melissa's residence, Officer Ford returned to the station to verify the existence and terms of the Injunction. Id. at 34-35, 88-89. Having done so, Officer Ford sought and obtained clearance from Sergeant Paul Cash to arrest Benoit. See Ford Dep. at 90-92.
Later that night, at approximately 7:30pm, Officer Ford and two deputies of the Columbia County Sheriff's Office went to Benoit's home located at 384 SW Saint Johns Street 101, Lake City, Florida 32055, to execute the arrest. See Arrest Report (Doc. 34-3; Arrest Report). Officer Ford advised Benoit of Melissa's allegations, which Benoit insisted were lies. See Deposition of Jason Benoit (Doc. 34-6; Benoit Dep.) at 30. Benoit asked Officer Ford for the phone number used to call Melissa and to see a copy of Melissa's Voluntary Statement. Id. at 30, 116-18.
Benoit believes that Officer Ford was unprofessional and rude during the arrest *1228and that the deputies disagreed with Officer Ford's conduct. See Benoit Dep. at 105, 161-62. However, John A. Miles, an officer with the LCPD for the past 20 years, who held the position of Internal Affairs Sergeant in July of 2014, testified that "[t]here was no evidence that Officer Ford did anything inappropriate or unprofessional" on the night of Benoit's arrest. See Affidavit of John A. Miles (Doc. 34-10; Miles Aff.) ¶ 26.
On July 3, 2014, at Benoit's first appearance, a judge determined that Officer Ford had probable cause for the arrest. Id. ¶ 8; Benoit Dep. at 34. After his arrest, Benoit asked his girlfriend to have Ryan Nydam, an investigator for the Third Circuit State Attorney's Office, get in touch with him.
Once Nydam received Verizon's response to the subpoena on July 12, 2014, he determined "that the evidence would not support the charges against [ ] Benoit beyond a reasonable doubt." See Nydam Aff. ¶ 7. As such, on July 28, 2014, the State Attorney's Office filed a "No Information" to drop the charges against Benoit. See Complaint and Demand for Jury Trial (Doc. 3; Complaint) ¶ 35. The State Attorney's Office also charged Melissa with filing a false police report in violation of Florida Statute section 837.05. See Nydam Aff. ¶ 7. Melissa pled guilty to this charge. Id. Officer Ford stopped working for the LCPD shortly after Benoit's arrest. See Ford Dep. at 8-9.
On May 4, 2017, Benoit filed his three count Complaint in the Circuit Court of the Third Judicial Circuit, in and for Columbia County, Florida. See Complaint. On July 25, 2017, Officer Ford removed the action to this Court. See Defendant's Notice of Removal (Doc. 1). In the Complaint, Benoit asserts two claims against Officer Ford for false arrest-one under federal law pursuant to
III. Standard of Review
Under Rule 56, "[t]he court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Rule 56(a). The record to be considered on a motion for summary judgment may include "depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials." Rule 56(c)(1)(A).
The party seeking summary judgment bears the initial burden of demonstrating to the court, by reference to the record, that there are no genuine issues of material fact to be determined at trial. See Clark v. Coats & Clark, Inc.,
IV. Discussion
Benoit brings claims under Florida law against Officer Ford and the City for false arrest, as well as a federal claim under Section 1983 for false arrest against Officer Ford.
Benoit brings his false arrest claims under both federal and state law. Although defining the claim with some variation, both federal and Florida law recognize a cause of action for false arrest against a police officer and the officer's employing agency or municipality. See
The Eleventh Circuit has instructed "that the standard for determining the existence of probable cause is the same under both Florida and federal law."
[f]or probable cause to exist, ... an arrest must be objectively reasonable based on the totality of the circumstances. This standard is met when the facts and circumstances within the officer's knowledge, of which he or she has reasonably trustworthy information, would cause a prudent person to believe, under the circumstances shown, that the suspect has committed, is committing, or is about to commit an offense.
Lee v. Ferraro,
*1231[t]o determine whether an officer had probable cause for an arrest, "we examine the events leading up to the arrest, and then decide whether these historical facts, viewed from the standpoint of an objectively reasonable police officer, amount to probable cause." Because probable cause "deals with probabilities and depends on the totality of the circumstances," it is "a fluid concept" that is "not readily, or even usefully, reduced to a neat set of legal rules." It "requires only a probability or substantial chance of criminal activity, not an actual showing of such activity."
District of Columbia v. Wesby, 583 U.S. ----,
Officer Ford arrested Benoit for violating the Injunction, stalking, and violating the terms of his probation. With respect to the first offense, Florida Statute section 741.31(4)(a)(5) provides that "[a] person who willfully violates an injunction for protection against domestic violence... by [t]elephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contract through a third party[,] commits a misdemeanor of the first degree." See
In the Motions, Defendants argue that probable cause existed to arrest Benoit based on: (1) Officer Ford's review of the Injunction; (2) Officer Ford's observations of Melissa's demeanor; (3) Officer Ford's review of the e-mails that Benoit purportedly sent to Melissa under a disguised e-mail address; (4) Officer Ford's review of Melissa's call history reflecting that she had 23 missed calls from a phone number saved under Benoit's name in Melissa's phone; (5) Officer Ford's belief that he heard Benoit's voice on the voicemail associated with that phone number; and (6) Melissa's Voluntary Statement. See Ford's Motion at 7-9; City's Motion at 12-19, 22-25;
*1232see also First Set of Interrogatories (Doc. 34-9; First Interrogatories) ¶ 17. In the Response, Benoit contends that probable cause did not exist for his arrest because Officer Ford either conducted a reasonable investigation and ignored exculpatory evidence, or failed to conduct a sufficient investigation. See Response at 7.
As discussed, the crime of willfully violating a domestic violence injunction consists of two elements: (1) "a temporary or final injunction for protection against domestic violence was issued by a court against the defendant," and (2) "the defendant willfully violated the injunction by committing an act of domestic violence against the petitioner." Barger v. Crews, No. 3:12-cv-185/RV/EMT,
First, the Court notes that the fact that the state attorney's office dropped the charges against Benoit "is of no consequence in determining the validity of the arrest itself." Marx,
Next the Court turns to the information presented to Officer Ford. Melissa's Voluntary Statement was evidence on which Officer Ford could rely to "a meaningful degree in determining the existence of probable cause." Rankin,
First, a citizen informant may be motivated not by pecuniary gain, but by the desire to further justice. Second, unlike an anonymous tipster, a witness who directly approaches a police officer may be held accountable for false statements. Third, a face-to-face tip may be viewed as more reliable because the officers who receive the tip have the opportunity to observe the demeanor and evaluate the credibility of the person offering the information. Fourth, a witness who approaches the police in person may subject himself or herself to potential reprisal from the defendant, thereby rendering the tip more reliable than an anonymous tip.
Baptiste v. State of Fla.,
if an unquestionably honest citizen comes forward with a report of criminal activity-which if fabricated would subject him to criminal liability-we have found rigorous scrutiny of the basis of his knowledge unnecessary. Conversely, even if we entertain some doubt as to an informant's motives, his explicit and detailed description of alleged wrongdoing, along with a statement that the event *1233was observed first-hand, entitles his tip to greater weight than might otherwise be the case.
Illinois v. Gates,
Here, Benoit fails to provide any evidentiary basis to dispute Officer Ford's contention that he had no reason to believe Melissa wasn't being truthful, i.e. an "honest citizen." See Ford Dep. at 33-34. Although Melissa had filed false police reports against Benoit in the past, there is no evidence to suggest that Officer Ford was, or had reason to have been, aware of these reports at the time of the arrest. See Benoit Dep. at 38, 52-53; see also Taylor v. Taylor,
Importantly, however, Officer Ford did not rely exclusively on Melissa's report or her Voluntary Statement. Prior to arresting Benoit, Officer Ford looked for corroboration of Melissa's allegations. He independently verified the terms of the Injunction, reviewed the e-mails purportedly sent by Benoit, and reviewed Melissa's phone log to determine the dates and times of the 23 calls. See Offense Report at 3.
Despite these efforts, Benoit contends that Officer Ford's investigation was deficient because he ignored Benoit's protestations of innocence and failed to obtain phone records from Verizon prior to making the arrest. See Response at 5-7. In support of this contention, Benoit cites Charlson v. Rutherford, No. 3:15-cv-724-J-34MCR, Doc. 26 (M.D. Fla. Mar. 30, 2016), in which this Court acknowledged that:
"[a]n arresting officer is required to conduct a reasonable investigation to establish probable cause." Rankin,133 F.3d at 1435 . An officer may not "choose to ignore information that has been offered to him or her ... [or] conduct an investigation in a biased fashion or elect not to obtain easily discoverable facts ...." Kingsland v. City of Miami,382 F.3d 1220 , 1229 (11th Cir. 2004). Indeed, "[a] police officer may not close her or his eyes to facts that would help clarify the circumstances of an arrest. Reasonable avenues of investigation must be pursued especially when ... it is unclear whether a crime [has] even taken place." BeVier v. Hucal,806 F.2d 123 , 128 (7th Cir. 1986) (alterations added) see also Ahlers v. Schebil,188 F.3d 365 , 372 (6th Cir. 1999) ("[O]fficers, in the process of determining whether probable cause exists, cannot simply turn a blind eye toward potentially exculpatory evidence known to them in an effort to pin a crime on someone."). Although officers *1234"need not conduct a 'mini-trial' before making an arrest, ... probable cause does not exist when a 'minimal further investigation' would have exonerated the suspect." Kuehl v. Burtis,173 F.3d 646 , 650 (8th Cir. 1999) (internal citations omitted).
See Response at 5-6 (quoting Charlson, No. 3:15-cv-724, Doc. 26 at 17 (some internal citations modified from original) ). However, as the City notes in its Reply, Benoit omits the remainder of the quotation, in which the Court explained that despite the duty to conduct a reasonable investigation:
"[a]n officer does not have to take 'every conceivable step...at whatever cost, to eliminate the possibility of convicting an innocent person.' " See Williams v. City of Homestead, Fla.,206 F. App'x 886 , 888 (11th Cir. 2006) (quoting Tillman v. Coley,886 F.2d 317 , 321 (11th Cir. 1989) ). Moreover, "while a police officer should consider a suspect's explanation in evaluating the existence of probable cause, he 'is under no obligation to give any credence to a suspect's story nor should a plausible explanation in any sense require the officer to forego [sic] arrest pending further investigation if the facts as initially discovered provide probable cause.' " Id. at 888-89 (quoting Criss v. City of Kent,867 F.2d 259 , 263 (6th Cir. 1988) ).
See Reply at 2 (quoting Charlson, No. 3:15-cv-724, Doc. 26 at 17). Here, because Officer Ford had probable cause to arrest Benoit before Benoit professed his innocence, he was not required to accept Benoit's protestations. Indeed, Officer Ford was "not required to sift through conflicting evidence or resolve issues of credibility so long as the totality of the circumstances present a sufficient basis for believing that an offense has been committed." See Dahl v. Holley,
Similarly, Officer Ford was not required to await Verizon's response to Nydam's subpoena before arresting Benoit, as that information was not "easily discoverable" or available at the time of Ford's probable cause determination. See Kingsland,
Benoit attempts to create an issue of fact by arguing that Officer Ford ignored exculpatory evidence, specifically Melissa's cell phone history. Response at 5. However, he fails to present any explanation of how this cell phone history was exculpatory. Further, he presents no evidence to support even an inference that at the time Officer Ford reviewed the cell phone history *1235he could have suspected that the calls were not from Benoit as Melissa alleged.
Benoit also argues that Officer Ford's testimony should not be credited because it is implausible and because in Benoit's view, he was "evasive" in his deposition. Id. at 6. In doing so, Benoit points to Officer Ford's inability to recall certain details about Melissa's phone, none of which would have been relevant to his analysis of probable cause. While he argues that Officer Ford suffers from "credibility problems," Response at 7, Benoit points to no evidence creating any issue of fact regarding the circumstances of Officer Ford's interaction with Melissa, the information presented to and known by him, or the actions that he took in determining the existence of probable cause. "To defeat summary judgment [Benoit] must point to 'specific facts' such that a reasonable jury could return a verdict in his favor." Federal Trade Commission v. Lanier Law, LLC,
Notably, the parties do not address whether Officer Ford had probable cause to arrest Benoit for stalking or violating the conditions of his probation. See generally Ford's Motion; City's Motion. However, "so long as probable cause existed to arrest [Benoit] for any offense, the arrest and detention are valid even if probable cause was lacking as to some offenses, or even all announced charges." Whittington v. Town of Surfside,
V. Conclusion
The Court finds that Officer Ford had probable cause to arrest Benoit, and as such, Benoit's false arrest claim whether under Florida law or Section 1983 must fail. Thus, the Motions are due to be granted. In light of the foregoing, it is ORDERED:
1. Defendant Gerald L. Ford's Dispositive Motion for Summary Judgment (Doc. 33) is GRANTED .
2. Defendant City of Lake City's Motion for Summary Judgment (A Dispositive Motion) and Memorandum of Law (Doc. 34) is GRANTED .
3. The Clerk of Court is directed to enter JUDGMENT in favor of Defendants City of Lake City, Florida and Gerald L. Ford and against Plaintiff Jason Benoit.
4. The Clerk of Court is further directed to terminate all remaining pending motions as moot and close the file.
*1236DONE AND ORDERED in Jacksonville, Florida this 16th day of October, 2018.
In Tippens, the plaintiff, individually and on behalf of her deceased husband, sued the defendant based on allegations that her husband was exposed to asbestos-containing products manufactured and sold by the defendant. See Tippens,
In Paragraph Four of the declaration, Kostelnik authenticates and identifies a facebook post. The Court finds the facebook post to be completely irrelevant to the issues before the Court on the Motions, and as such, declines to address it here.
The facts recited in this section are either undisputed, or any disagreement has been indicated. Because this case is before the Court on Defendants' Motions, the facts recited herein, and all reasonable inferences therefrom, have been viewed by the Court in a light most favorable to Benoit. See T-Mobile S. LLC v. City of Jacksonville, Fla.,
The spelling of Melissa's first name is unclear, as it appears in the record as "Alison" and "Allison." Compare Complaint ¶¶ 10-13 with Offense Report at 1.
For ease of reference, citations to all depositions are to the original deposition transcript page numbers.
Although Officer Ford reported that the LCPD dispatched him on July 2, 2014, he later clarified in that he was dispatched on July 1, 2014. See Offense Report at 2; Ford Dep. at 75-77.
Although Officer Ford reported hearing Benoit's voice on the voicemail recording in his Offense Report, he did not specifically recall doing so at his deposition. See Offense Report at 3; Ford Dep. at 85.
The record does not indicate whether Officer Ford provided Benoit with the phone number used to call Melissa's phone twenty-three times.
It appears that Benoit's probation stemmed from charges he faced in 2008 for attempted trafficking, possession of a controlled substance, and obtaining a controlled substance by fraud. See Benoit Dep. at 16. The record is devoid of information regarding the conditions of Benoit's probation.
On July 5, 2014, Officer Ford supplemented the Offense Report with the findings from his follow-up investigation. See Offense Report at 2-3. Officers frequently complete these supplemental offense reports "days after the initial arrest." See Affidavit of John A. Miles (Doc. 34-10; Miles Aff.) ¶ 15.
Although Benoit alleges in his Complaint that Officer Ford was under the influence of drugs when he responded to Melissa's 911 call and resigned "in lieu of termination for cause," see Complaint ¶¶ 14-15, Benoit neither addresses this allegation in the Response nor introduces any evidence to support it. More importantly, in his deposition, Benoit acknowledges that he does not have any evidence that Officer Ford was under the influence of drugs on the night he arrested Benoit. Benoit Dep. at 34-35. Thus, the Court will not consider this allegation further.
Nydam investigated a battery charge filed against Benoit in April 2014, which was ultimately dropped. See Nydam Dep. at 15-16.
Although Nydam stated that he spoke with Benoit's girlfriend on the day of Benoit's arrest in his affidavit, Nydam testified at his deposition that he met with Benoit's girlfriend at his office on July 2, 2014. See Nydam Aff. ¶ 3; Nydam Dep. at 7-8.
Rule 56 was revised in 2010 "to improve the procedures for presenting and deciding summary- judgment motions." Rule 56 advisory committee's note 2010 Amends.
The standard for granting summary judgment remains unchanged. The language of subdivision (a) continues to require that there be no genuine dispute as to any material fact and that the movant be entitled to judgment as a matter of law. The amendments will not affect continuing development of the decisional law construing and applying these phrases.
Id."[A]lthough the interpretations in the advisory committee['s] notes are not binding, they are highly persuasive." Campbell v. Shinseki,
In his Complaint, Benoit identifies his claim as being false arrest and/or false imprisonment. See
"The only difference in the probable cause analysis applicable to" a false arrest claim under Florida and federal law "is which party carrie[s] the burden of proving whether probable cause exist[s]." Rankin,
" 'Harass' means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose." See
" 'Cyberstalk' means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose." See
"[A] citizen-informant is an ordinary citizen who has either been the victim of or a witness to a crime and who reports the pertinent facts to law enforcement officials." Wallace v. State of Fla.,
Because the existence of probable cause is an absolute bar to Benoit's false arrest claims under both federal and Florida law, the Court need not consider Officer Ford's alternative arguments that he is entitled to qualified immunity with regard to the federal § 1983 claim and statutory immunity pursuant to Florida Statute section 768.29(9)(a) for the Florida state law claim. Of course, given the Court's conclusion that Officer Ford had actual probable cause, Officer Ford certainly had arguable probable cause. As such, Officer Ford would be entitled to qualified immunity.