The case stems from a March 2019 incident where Dyma Loving was arrested after police responded to dueling 911 calls between Loving and a neighbor who allegedly threatened her with a shotgun. Officers Alejandro Giraldo and J.F. Calderon arrested Loving for disorderly conduct and resisting arrest without violence after she became 'highly agitated and screaming' during their investigation, according to court documents.
The officers argued they are entitled to qualified immunity because they had arguable probable cause for the arrest. 'The arrest of Ms. Loving was based on F.S. 877.03,' which covers disorderly conduct, the motion states. Judge Williams noted that a state appellate court found Giraldo's description of events wasn't 'patently false or inaccurate' when it overturned his criminal conviction, writing that 'Whether the loud and argumentative tone and her other actions constituted causing a scene and disruptive behavior is a matter of degree and perception.'
Loving filed the lawsuit in 2019 alleging false arrest, malicious prosecution, and excessive force under federal civil rights law. The complaint accuses Giraldo of fabricating evidence to justify the arrest and using excessive force by 'slamming her to the ground.' Miami-Dade County was previously dismissed from the case.
The summary judgment motion sets up a key test of qualified immunity doctrine following the Supreme Court's recent clarification in Zorn v. Linton. The officers must show their conduct didn't violate clearly established constitutional rights that would be apparent to reasonable officers in similar circumstances.