Existence of Probable Cause in a 1983 Action is a Legal Determination

The Sixth Circuit has ruled that the existence of probable cause in a sec. 1983 action is a legal question for the court to decide.  See Hale v. Kart, No. 03-1793.  Thus, summary judgment can be granted to a police officer on the basis of qualified immunity, even though the plaintiff has evidence that could lead a jury to conclude that the officer failed to tell the court that issued a search warrant that the affiant was slightly intoxicated.  The panel ruled that even if this information were included, as a matter of law there was probable cause for the warrant to issue.