Johnson v. Winfrey

Issues: (1) Whether a law enforcement officer violates clearly established law under the Supreme Court’s decision in Franks v. Delaware if the officer does not include information in an affidavit that may be material to probable cause, without regard to whether an objective officer could reasonably believe the submitted affidavit supported probable cause; (2) if not, whether Malley v. Briggs provides the appropriate analytical method for determining an officer’s immunity when information that may be material to probable cause is not included in the affidavit, or whether a different standard applies; and (3) whether setoff or contribution is available in a claim brought under 42 U.S.C. § 1983 as six circuits have held, or whether Section 1983 claims permit a plaintiff to obtain a double recovery, as three circuits have held.