Edward Ellington v. James Cashell

MEMORANDUM

Plaintiff Edward Ellington appeals the district court’s orders granting summary judgment to the Gallatin County Defendants and granting the State of Montana’s Rule 12(b)(6) motion to dismiss. We affirm.

Officer Swandal and the Gallatin County Defendants were not collaterally estopped from relitigating the issue of probable cause. They were not in sufficient privity with the State of Montana to provide them a “full and fair opportunity to litigate” the issue of .probable cause in the criminal prosecution of Ellington. See Baltrusch v. Baltrusch, 2006 MT 51 ¶ 18 , 331 Mont. 281 , 130 P.3d 1267, 1274 (2006).

Officer Swandal is entitled to a qualified immunity defense. The relevant inquiry is whether “a reasonable officer could have believed that probable cause existed [for the] arrest.” Hunter v. Bryant, 502 U.S. 224, 228 , 112 S.Ct. 534 , 116 L.Ed.2d 589 (1991). “Even law enforcement officials who ‘reasonably but mistakenly conclude that probable cause is present’ are entitled to immunity.” Id. at 227 , 112 S.Ct. 534 (quoting Anderson v. Creighton, 483 U.S. 635, 641 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 (1987)).

Officer Swandal was in the process of serving a warrant on…