Opinion

Robinson v. Beaumont

  • 291 Ark. 477
  • 725 S.W.2d 839
  • 1987 Ark. LEXIS 1988
Court
Supreme Court of Arkansas
Filed
Mar 16, 1987
Status
Published
Author
Hickman
On the bench
Purtle, Hickman, Glaze
Cited by
55 cases
Authority
More cited than 10.5%

The opinion

Darrell Hickman, Justice, concurring in part and dissenting in part. In my judgment the majority opinion misses the mark. I agree the order denying summary judgment should be subject to appeal; thereafter, I disagree with the opinion.

The trial judge denied summary judgment for the wrong reasons. The appellants are entitled to a judgment before trial as to whether they are immune from suit. Mitchell v. Forsyth, 472 U.S. 511 (1985). In consideration of that judgment, the question is: did the appellants’ conduct violate clearly established statutory or constitutional rights? The appellants arrested the appellees without a warrant. As every peace officer knows, a person can be arrested for a felony without a warrant if there is “. . . reasonable cause to believe such person has committed ... a felony.” A.R.Cr.P. Rule 4.1. That means the appellants did not violate statutory or constitutional standards unless reasonable cause did not exist. That is the question the trial court should address, before trial; in this case through a motion for summary judgment. If the facts are virtually undisputed, he should rule. If not, it goes to the jury. We do not have a decision on the question, and the trial should not proceed until it is decided on the proper basis.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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