Whether law enforcement fabrication of a felony charge against an innocent citizen precludes summary judgment on a false arrest claim

QUESTIONS PRESENTED: This case highlights the significant extent of , protection of law enforcement officers engaged in criminal activities against innocent citizens. Ifleft stand, the rulings of the lower courts will not only entrench, but greatly expand an already pervasive culture of corruption: One so deep that police themselves are the ones who coined the term “testilying”. 1. The well documented criminal fabrication of a felony charge of eluding (car chase) against an innocent citizen has been protected at all levels of law enforcement in the State of Florida. This protection, in this case, so far, extends fully to the Eleventh Circuit. The question here is: Whether items of evidence showing a law enforcement official fabricated multiple components of a felony charge against. a citizen are “material” in terms of rule 56 relative to a false arrest complaint, and if so, does this preclude summary judgment per Federal rule 56. , 2. Whether the presence, or not, of any actual “probable cause” in a fabrication case is a factual matter, requiring understanding of the totality of the case, and therefore a function of the trier of facts Gury), not the Federal Judge. : HW QUESTIONS PRESENTED Continued 3. Whether the presence of any minor “arrestable offense” (such as speeding) though nét acted upon by an. Officer, is a sufficient to purge the taint of an illegal fabrication of a separate felony charge. An illustrative example: A police officer approaches apanhandler. The officer does not arrest the man . for panhandling (though he can), but instead fabricates a felony cocaine dealing charge, gets caught lying about and planting the cocaine, and the case is dropped. The man, after being jailed, enduring great expense and anguish, brings a false arrest claim in Federal court. Even though the person “could have been arrested” for panhandling, is that fabrication of the separate felony considered a false arrest under Constitution ox federal laws? In other words, can an officer arrest a person for any fabricated charge (as long as the person “could have been arrested” for a minor charge (but was not)), without any liability in Federal court even when the fabrication of the felony is proven or claimed? 4. Whether deliberate fabrication of a felony charge by an officer, and subsequent jailing (deprivation of liberty) of the innocent citizen (for any amount of time, even one night), and suffering a long, unsuccessful prosecutorial process due to the fabvication, constitutes a malicious prosecution under the Fourth Amendment, Fourteenth Amendment. or Section 1983. :