When Self-Defense Shapes Probable Cause- Third Circuit Raises the Stakes in Kendig v. Stolar

In a significant Fourth Amendment decision, the Third Circuit held in Kendig v. Stolar, 2026 WL 1145264, that law enforcement may, in certain circumstances, be required to include known affirmative-defense evidence in probable cause affidavits submitted in support of arrest warrants.

Case Snapshot

This case arose after Corey Kendig shot and killed a man during a late-night altercation outside a Pennsylvania bar. Kendig claimed that he acted in self-defense after being outnumbered, attacked first, and placed in a chokehold during the confrontation. Surveillance footage and witness accounts supported portions of that account. Despite those facts, the affidavit of probable cause submitted by the investigating trooper did not include any information suggesting Kendig may have acted in self-defense.

Kendig was charged with homicide and related offenses but was ultimately acquitted by a jury. He later filed a Section 1983 action alleging false arrest, false imprisonment, and malicious prosecution, arguing that the investigating officer omitted material exculpatory information from the warrant affidavit.

The Holding and Its Limits

The Third Circuit agreed that affirmative-defense evidence can, in some cases, be relevant to probable cause. The Court adopted a middle-ground rule, holding that officers must disclose affirmative-defense evidence when a reasonable officer would “conclusively know” that the defense negates the mens rea of the offense or otherwise excuses the conduct. Applying Pennsylvania law, the Court emphasized that self-defense negated the mental-state elements of the crimes Kendig was charged with, homicide and aggravated assault.

The Court pointed to several allegedly omitted facts, including evidence that Kendig was outnumbered, that another individual initiated the confrontation, that Kendig was placed in a chokehold, and that witnesses described the decedent and his companions as violent and intoxicated.

Despite announcing the above rule, the Third Circuit affirmed summary judgment in favor of the trooper on qualified-immunity grounds. The panel concluded that, at the time of the arrest, neither the Third Circuit nor a robust consensus of other courts had clearly established a constitutional requirement that officers include affirmative-defense evidence in warrant affidavits.

Why This Matters

The practical takeaway is clear: officers and prosecutors should expect increased scrutiny of affidavits that omit known exculpatory information bearing on self-defense claims. While Kendig does not impose a blanket requirement to include every potentially favorable fact, it makes clear that law enforcement cannot ignore affirmative defenses that are plainly apparent from the evidence. The decision provides defendants with a potentially important roadmap for challenging arrests and prosecutions based on incomplete probable-cause affidavits.