PC to Arrest Existed, But ADA Possibly Violated Where Deaf Defendant Not Provided with Assistance

Robertson v. Las Animas County Sheriff's Department, 2007 WL 2588252 (9/10/07)(Published) - The officer had probable cause to arrest the plaintiff for violating a restraining order where one eyewitness said she saw the plaintiff outside staring into her bedroom window and another eyewitness said she saw the plaintiff run away from the property. On the other hand, the deaf plaintiff did make sufficient allegations to prove violations of the ADA where he was not provided with assistance to make a phone call from the jail or to understand the probable cause hearing.