Leaver v. Shortess

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Leaver’s car was struck by a driver whose insurer provided Leaver a rental car. Leaver went to Hertz’s Wisconsin office, signed a rental agreement, and drove to Montana. When Leaver failed to return the car by the contract date, Hertz reported it stolen. Weeks later, the car was located in Montana. Six months later, Leaver was charged with theft by lessee. Leaver contacted the prosecutor, identifying Hertz employees from whom he claimed to have permission to act as he did. The rental agreement contained three inconsistent statements about the maximum time the car could be kept. Leaver claims that he returned the car to the Hertz Belgrade, Montana parking lot within two weeks of the stated return date. Leaver was arrested in Montana, remained in jail for two months, and was extradited to Wisconsin. The court denied motions to dismiss. Weeks later, the prosecutor dropped the charge. Leaver filed suit under 42 U.S.C. 1983, claiming intentional or reckless omission from his police reports of facts that would have affected the probable-cause determination. The judge rejected the claim on summary judgment. The Seventh Circuit affirmed, finding no evidence that the officer was aware of the information at issue; if he was aware of it, qualified immunity applies. It is unclear whether the information would have negated probable cause. View "Leaver v. Shortess" on Justia Law