Police, The Fourth Amendment, Qualified Immunity

Louisville Metro Officer Kevin Smith shouldn’t have gone to plea bargain meetings

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Case: PHAT’S BAR & GRILL v. LOUISVILLE JEFFERSON COUNTY METRO GOVERNMENT, Civil Action No. 3:10-CV-00491-H (W.D. Kentucky, January 22, 2013)

What happened: To me, the most interesting part of this case is that Officer Smith apparently compromised his qi on plaintiff’s malicious prosecution claims by attending plea bargaining sessions regarding plaintiff’s then-pending criminal charges and trying to get plaintiff to (in effect*) not bring any civil claims. Instead, plaintiff went to trial on the criminal charges, won and now is bringing his civil claims against Officer Smith.

Comment: Right or wrong, this was one courageous plaintiff to go to trial on the criminal charge, rather than just foregoing his civil suit. I wonder if Officer Smith was surprised by that.


* More specifically, Officer Smith allegedly wanted plaintiff to agree that there was probable cause for his arrest for trying to keep Officer Smith out of his (closed for the night) bar. This agreement would have, in effect, destroyed plaintiff’s civil claims.

Written by Burgers Allday

January 26, 2013 at 6:55 am

Posted in Uncategorized

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