Teacher files suit over arrest for making terroristic threats

A teacher wanted to unlock her car with a remote entry service, which was not working. During her call to a tech support agent, she repeatedly stated that "my aggression level is very high" and asked "is there any way that you help me this morning so that I can teach my class and not kill some little [k]indergarteners." After the issue was resolved, she said "[y]ou have alleviated my anxious morning, and you have saved 20 children from being killed." The agent reported the teacher to the police, and local law enforcement arrested the teacher for making terroristic threats.

A grand jury dismissed her case. The teacher later sued the city and two law enforcement officers for false arrest, false imprisonment and malicious prosecution, and brought a claim under the 14th Amendment of the U.S. Constitution. The district court denied the motion by the city and officers to dismiss the case, and they appealed.

The U.S. Court of Appeals held that the law enforcement officers had qualified immunity against the teacher's claims, meaning they were protected from personal liability. In support of this, the court reasoned that because her statement that she would "kill 20 kindergarteners today" was actually made in the presence of children, the police had probable cause to arrest her.