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42 U.S.C. § 1983 Civil action for deprivation of rights:
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
ARGUABLE PROBABLE CAUSE
ARGUABLE PROBABLE CAUSE exists if it turns out that an officer lacked adequate grounds for an arrest but made an objectively reasonable mistake about the existence of probable cause. Borgman v. Kedley, 646 F.3d 518 (8th Cir. 2011), see Johnson v. McCarver, 942 F.3d 405, 409 (8th Cir. 2019)
Interlocutory Appeal
The term “interlocutory” is used to indicate a lack of finality. An interlocutory appeal is an appeal of a non-final order issued during the course of litigation.
The collateral order doctrine sets forth the rules for such appeals. Interlocutory appeals are extremely rare, and a three-part test determines whether the collateral order exception to res judicata makes such an appeal possible:
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The order must have conclusively determined the disputed question;
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The order must “resolve an issue completely separate from the merits of the action”;
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The order must be “effectively unreviewable on appeal from a final judgment.”
Res Judicata
Res judicata is a principle most used in civil litigation. Directly translated, res judicata means “a matter judged.” Specifically, the res judicata principle indicates that if there is a final judgment based on merits, then another plaintiff cannot relitigate the same matter for the same cause of action. The court uses the term “finality” to indicate a judgment that is based on merits and is final.