Pierson v. Ray - 386 U.S. 547 (1967)
U.S. Supreme Court
Pierson v. Ray, 386 U.S. 547 (1967)
Pierson v. Ray
Argued January 11, 1967
Decided April 11, 1967
386 U.S. 547
could not recover if it were shown at the new trial that they had gone to Mississippi in anticipation that they would be illegally arrested.
2. The defense of good faith and probable cause which is available to police officers in a common law action for false arrest and imprisonment is also available in an action under § 1983. Monroe v. Pape, supra, distinguished. Pp. 386 U. S. 555-557.
3. Though the officers were not required to predict this Court's ruling in Thomas v. Mississippi, supra, that § 2087.5 was unconstitutional as applied, and the defense of good faith and probable cause is available in an action under § 1983, it does not follow that the count based thereon should be dismissed, since the evidence was conflicting as to whether the police had acted in good faith and with probable cause in arresting the petitioners. Pp. 386 U. S. 557-558.
4. Petitioners did not consent to their arrest by deliberately exercising their right to use the waiting room in a peaceful manner with the expectation that they would be illegally arrested. P. 386 U. S. 558. 352 F. & 213, affirmed in part, reversed in part, and remanded.