KRUPANSKY, J., delivered the opinion of the court, in which SILER, J., joined. BATCHELDER, J. (pp. 572-74), delivered a separate opinion dissenting in part.
OPINION
KRUPANSKY, Circuit Judge.
The plaintiff-appellant, Robert Painter (“Painter” or “the plaintiff’), has challenged the district court’s summary judgment for the defendant-appellee peace officers William Keith Robertson (“Robertson”) and Robert Leonard Tush (“Tush”) (collectively referenced as “the defendants”), which dismissed, upon according the officers qualified immunity, his individual capacity claims for damages under the Fourth Amendment1 and 42 U.S.C. § 19832 related to his submis[561]*561sion, without resistance, to an involuntary body search, and his consequent arrest for carrying a concealed loaded firearm. On review, the plaintiff has contended that qualified immunity was unavailable to the defendants because clearly established federal law directed that law enforcement authorities may not frisk a citizen for weapons purportedly to ensure their individual safety when reasonable officers in the posture of the implicated agents would have known that their target was not dangerous, and lacked probable cause to arrest a person for carrying a concealed weapon if objective officers would have known that their subject carried his weapon lawfully.
Painter, a 1987 graduate of the United States Military Academy at West Point, is an honorably discharged Captain who had served five years in the United States Army as, inter alia, a military police commander at a major army base wherein he trained and supervised military police officers. Prior to November 1995, Painter had never been arrested, jailed, or charged with any crime. On the evening of Friday, November 18, 1995, the plaintiff worked as the sole barman at Lucky’s Bar and Grill (“Lucky’s”) in Holloway, Belmont County, Ohio. Lucky’s was owned by Painter’s sister-in-law. The tavern attracted a rough and sometimes dangerous clientele, and had earned a local “punch palace” reputation. Although Painter’s employment as a full-time marketing representative (“hospice consultant”) for a pharmaceutical company entailed responsibility for a sales territory encompassing six West Virginia counties plus two Ohio counties, he nonetheless had agreed, commencing in July or August 1995, to assist his sister-in-law, on a part time basis, in the management and operation of Lucky’s.
On the evening in controversy, a female regular patron of the pub complained sporadically to Painter that a male customer, who the plaintiff did not then recognize but was later identified as Michael E. Doan (“Doan”), was harassing her. On each occasion, Painter admonished Doan to desist from annoying the woman. Nonetheless, following intermittent post-admonition respites, Doan would promptly resume his vexation of the female. Painter suspended further alcoholic beverage sales to the intoxicated Doan, and, ultimately, at about 12 midnight, directed Doan to leave the premises because of his obstinate obstreperous and obnoxious conduct.
Approximately two hours after Doan’s expulsion, Painter responded to a dissonant commotion in the tavern’s back room.3 Upon entering, he observed a fight in progress involving several individuals, including Doan, who apparently had surreptitiously re-entered the building via a side door. A companion of Doan’s, later identified as Dan Shepard (“Shepard”), was a participant in the melee. In an effort to halt the violence, Painter sprayed mace at the combatants, including Doan and Shepard. Shortly thereafter, most of the party attendees departed Lucky’s via the side exit. While leaving, Doan damaged the screen door. However, Shepard did not leave, but instead returned to the main area of the lounge. Painter subsequently heard Shepard, a brawny individual standing approximately 6’5” and weighing 250 pounds, loudly threaten repeatedly to kill whoever had maced him.
Painter, fearing for his safety, went outside and armed himself with a nine millimeter Smith and Wesson model 915 semiautomatic pistol which he kept in the trunk [562]*562of his automobile. The plaintiff, who at that time resided in Wallace, West Virginia, possessed a valid West Virginia permit to carry a concealed firearm.4 Painter fully loaded the weapon, and subsequently secreted it, behind the bar. He then resumed tending the bar. A short time thereafter, at about 2:00 a.m. on the morning of November 19, 1995, a visibly agitated Shepard pointed his finger menacingly at Painter as he, Shepard, advanced towards the service counter. Shepard then moved the hinged shelf which overlay the swinging gate which afforded access to the area behind the L-shaped bar, and attempted to unlatch the gate. The plaintiff responded to this aggression by aiming his handgun at Shepard, accompanied by an advisory that he “might not want to come back here.” Shepard retreated, and as he left the premises, threatened that he would see the plaintiff outside. Shortly thereafter, Painter elected to close the tavern for the night.
Momentarily, as the remaining patrons were departing the bar, defendant City of Holloway Police Chief William Robertson arrived at Lucky’s in response to a citizen’s report of a fight at the tavern. At that time, Painter described for Robertson the earlier disturbances, including Shepard’s belligerent actions, and lodged, a criminal complaint against Doan for damaging the club’s side screen door. The uncontradieted testimony of both Painter and Robertson evidenced that, at this juncture, the exchange between the two men was cordial, cooperative, and friendly. Both individuals testified that they had been previously acquainted, and that Painter addressed Robertson as “Bill” and Robertson addressed Painter as “Bobby.” Robertson testified that he did not feel threatened in any way by Painter during this discourse. He further attested that Painter had never threatened him, nor had he instigated any problems, during any of their prior interactions. However, although the record of testimonial evidence5 reflected that the long-standing relationship between Painter and Robertson had generally been cordial and positive, it also revealed that Robertson had previously expressed a negative opinion of Lucky’s.6
Following Robertson’s interview of the plaintiff, the police chief returned to the tavern’s parking lot, where between 15 and 30 customers, including Doan and Shepard, were milling around. Because of ongoing arguments in the parking lot, coupled with a palpable tense mood among the crowd’s less than sober members, Robertson feared that further violence might erupt. Upon arresting Doan by reason of Painter’s property damage complaint, Shepard or Doan, and perhaps others, advised Robertson that Painter had brandished a pistol inside the bar.7 According to Robertson’s testimony, the information supplied to him by members of the unruly belligerent mob suggested that Painter, after ordering the complete evacuation of the establishment, had indiscriminately waved his weapon around the barroom to enforce his command.8 Nonetheless, Rob[563]*563ertson conceded that he knew that Painter had produced his firearm in an effort to forestall further rowdy conduct by Shepard or Doan.
Robertson subsequently radioed the Belmont County Sheriff Office to request backup assistance. Defendants Captain Robert Tush and Deputy Tim Stefan (“Stefan”), as well as Auxiliary Deputy Timothy Newhart (“Newhart”), responded immediately. Although Tush had not previously met Painter and knew nothing about him, he had been summoned to terminate hostilities at Lucky’s on many prior occasions. Tush testified that he heard some unidentified individuals outside the lounge state that, while inside, they had been threatened with a gun by some unidentified person. However, Tush did not know the identity of any purported speaker. Tush recalled that one person, possibly a “burly man,” had asserted that he had been ordered from the tavern at gunpoint. However, Tush attested without contradiction that, as a sheriff department employee who Holloway Police Chief Robertson had requested merely to supply backup in a difficult situation, he was present only to protect Robertson. Tush testified that he was not responsible for interrogating witnesses, taking statements, or performing other investigatory functions. Rather, Robertson alone exercised professional discretion in the conduct of the investigation; Tush merely followed Robertson’s lead.
Newhart, who also had never known Painter, characterized Lucky’s as “a known problem spot.” He testified that, while in the parking lot, he overheard various former bar patrons assert that some unidentified person had displayed a weapon inside the pub following a fight and macing incident. For his part, Stefan disclosed that he had no prior knowledge of the plaintiff, and had never seen him prior to the morning in controversy, although he also had been called to Lucky’s on numerous prior occasions to restore order among unruly customers.
For unknown reasons, the officers did not disperse the disorderly, hostile, and potentially dangerous crowd. Instead, Robertson elected to question Painter about the alleged handgun incident. The law enforcement agents lingered in the parking lot, together with the angry mob, until approximately 3:00 a.m., when the plaintiff, upon completion of his closing duties, exited and locked the inn for the night. As Painter approached his vehicle with the night’s proceeds of approximately $700 and his pistol inside a belt clip holster which was concealed by his sweatshirt and camouflage jacket, Robertson, accompanied by Tush and Newhart, asked him if they could all converse inside the club. In response, the plaintiff readily unlocked the bar and permitted Robertson, Tush, and Newhart to enter. Stefan remained in the parking lot.
Once inside, Painter granted Robertson’s request to permit the officers to search the tavern premises. As they searched the lounge, Robertson asked Painter several times if there was a gun on the premises. Although initially silent, Painter may have ultimately responded that the officers would not find a weapon on the premises. However, Newhart subsequently located an oak night stick and two empty mace containers behind the counter. Painter testified that Robertson then asked him to come from behind the bar, whereas Robertson testified that Painter unilaterally commenced movement behind the bar. Robertson asserted that he felt threatened by Painter’s conduct at that point, although he failed to articulate a coherent reason for that alleged fear. Robertson testified:
Well, at that point in time, I did not know because of the front door being right there whether he was going — I didn’t know what was happening that night. I mean, there was a lot of emotion going on. Mr. Painter was upset [564]*564because of the fights that took place in the bar, the property that was destroyed. I did not know what he was going to do once he come out from behind that bar.
Captain Tush, who like Newhart and Stefan, was not acquainted with Painter and had not participated in Robertson’s earlier conversation with him, also testified that Painter’s movements behind the bar caused him some discomfort. However, he conceded that the plaintiff had made no direct threats, did not use any provocative language, had committed no crime in the officers’ presence, and had otherwise behaved normally. Tush related at deposition that he was apprehensive about Painter’s conduct for the following reasons:
No, I’m only concerned at this point probably with the movement of Mr. Painter. Again, I’m looking for weapons and all of a sudden I’ve got a man that’s been standing by the back door, now all of a sudden he’s moving, I’m wondering what’s going on.
First of all, I am there at a bar that has reportedly a fight there with weapons, that there was a gun being used by somebody. The original search started with Mr. Painter at the door talking, and as we rounded the corner of the bar, that’s when Mr. Painter started moving and he became nervous and his actions at that time did not warrant a man that was not guilty of anything to do such an act. I’ve got three officers here. I’ve got another officer outside. I’ve got myself, plus I have a reserve deputy there plus Chief Robertson, I have to be concerned as a captain with the safety of everybody there. So, yes, I became extremely concerned because of his I consider it unwarranted actions and his nervousness to be extremely concerned, especially when I find weapons that are already there when he said there was no weapons then all of a sudden we find weapons [two mace cans and an oak night stick]....
Because Mr. Painter at that point is now acting extremely irrational.... When you combine it with the fact that there was weapons that was already found, that he said that there was not going to be any weapons, you won’t find nothing there, he’s left his position of being relaxed talking to the chief at the front door and now he’s headed down the left side of the bar and a man that has absolutely nothing to worry about should never have left the front door to begin with, he should have still been standing there talking which wouldn’t arouse my suspicion what is going on, why is this man leaving, why is this man now traveling.
Auxiliary Deputy Newhart testified that Robertson had asked Painter several times for permission to search his person, but Painter did not respond. Newhart asserted at deposition that he considered Painter’s behavior suspicious and a cause for safety concerns. However, Newhart conceded that Painter had made no threatening statements, did not use offensive language, did not assault any officer, committed no crime in the officers’ presence, and had caused no trouble “[ojther than him being cocky and evasive.”
Following the surfacing of the night stick and the mace canisters, Painter refused Robertson’s request for consent to perform a body search. He further revoked his consent for the premises search and directed the officers to depart. At that juncture, Tush drew his service revolver and held it at the “low ready” position. Either Tush or Robertson ordered Painter to place his hands upon the bar.
Under compulsion, Painter responded submissively and assumed the search position against the bar. The plaintiff volunteered that he had a pistol in a holster clipped onto his trousers’ waistband moments after Robertson commenced a pat-down search. Robertson seized that firearm, handcuffed Painter, and arrested him [565]*565for carrying a concealed weapon. Robertson and Tush escorted Painter to Robertson’s squad cruiser. Robertson transported Painter to the Belmont County Jail, where he was detained for approximately seven hours until a relative posted his bail.
On November 22, 1995, Robertson initiated a criminal complaint in Belmont County Common Pleas Court which charged Painter with the carriage of a concealed deadly weapon. See Ohio Rev. Code § 2923.12(A) (“No person shall knowingly carry or have, concealed on his person or concealed ready at hand, any deadly weapon or dangerous ordnance.”)9 Following a December 7, 1995 preliminary hearing, the state court ruled that probable cause existed to believe that Painter had violated section 2923.12(A), and bound the case over to the Belmont County grand jury. On January 4, 1996, the grand jury returned a one count indictment charging Painter with knowingly carrying a deadly weapon on his person in offense to Ohio Rev.Code § 2923.12(A).
On July 1,1996, a second Belmont County common pleas judge presided over an evidentiary hearing on Painter’s motion to suppress the evidence which had been seized on November 19, 1995 as the fruit of an illegal search, and to dismiss the indictment. Only Painter and Robertson testified during that proceeding. On July 9, 1996, the common pleas judge resolved that “[tjhere was no evidence presented to this court that the law enforcement officers felt that their safety was at risk nor was there any testimony that [Painter] made any indication either verbally or by physical actions that would lead the officers to believe they were at risk.” The Ohio court’s judgment pronounced that “the search of [Painter] was unreasonable and further that he had an affirmative defense for the carrying of a concealed weapon.”10 The state trial court ordered the suppression of Painter’s handgun and the dismissal of the criminal prosecution. On July 13, 1996, the Holloway Police Department returned to Painter all property it had seized from him on November 19, 1995, namely the Smith and Wesson firearm, fourteen rounds of ammunition, the pistol’s ammunition clip, the clip-on holster, the oak nightstick, and two empty mace canisters.
On November 14, 1996, Painter initiated a damages complaint in Ohio court against Robertson, the Village of Holloway, the Belmont County Sheriff, and John Doe sheriff department personnel, by which he asserted constitutional tort claims under 42 U.S.C. § 1983. The section 1983 claims against the law enforcement operatives were asserted in both their individual and official capacities. On December 13, 1996, the Belmont County Sheriff removed the action to federal district court. Following initial discovery, Painter on April 30, 1997 lodged his amended complaint which incorporated Tush and Stefan (misspelled “Stephen”) as named defendants,11 and which [566]*566joined Ohio law tort causes of action. On January 5, 1998, Painter voluntarily dismissed, with prejudice, defendants Stefan and the Belmont County Sheriff.
Subsequently, the remaining defendants (Robertson, Tush, and the Village of Holloway) each moved for summary judgment on the plaintiffs federal civil rights claims, whereas Painter inaugurated a cross motion for summary judgment on all claims against all defendants. On February 13, 1998, the district court denied the plaintiffs motion in its entirety, but granted summary judgment on the federal claims in favor of each individual defendant in his personal capacity on a qualified immunity rationale;12 and for the Village of Holloway and Robertson in his official capacity13 because even if Robertson had committed a constitutional tort, no evidence proved that any official policy or custom of the Village of Holloway had motivated his wrongful conduct, and thus official liability was barred. E.g., City of Canton v. Harris, 489 U.S. 378, 387-89, 109 S.Ct. 1197, 103 L.Ed.2d 412 (1989). The trial court also perfunctorily dismissed the plaintiffs section 1983 official capacity claim against Tush. On March 3, 1998, the plaintiff voluntarily dismissed, without prejudice, his pendent state law claims. On review, Painter has contested only the district court’s summary dismissal, by reason of qualified immunity, of his section 1983 individual capacity damages claims against Robertson and Tush for alleged illegal search and arrest.
A court may grant summary judgment under Fed.R.Civ.P. 56 only if, after construing the record evidence, and reasonable inferences which may be drawn therefrom, most favorably for the party opposing the motion, the proof could not support a judgment in favor of the non-moving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-88, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Accordingly, a lower court’s summary judgment award is reviewed de novo, because the legal sufficiency of the record evidence which supports the nonmoving party’s case poses a question of law. See Doe v. Claiborne County, 103 F.3d 495, 505 (6th Cir.1996). The key inquiry is “whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.” Booker v. Brown & Williamson Tobacco Co., 879 F.2d 1304, 1310 (6th Cir.1989) (quoting Anderson v. Liberty Lobby, 477 U.S. 242, 251-52, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). Accordingly, the issue presented to this reviewing forum is whether the summary judgment record, when construed most favorably for the plaintiff, conclusively supports a qualified immunity defense for Robertson and Tush as a matter of law.14
“Qualified or ‘good faith’ immunity is an affirmative defense that is available to government officials performing discretionary functions.” Rich v. City of Mayfield Hts., 955 F.2d 1092, 1094 (6th Cir.1992). By operation of that doctrine, those officers
[567]*567generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established [federal] statutory or constitutional rights of which a reasonable person would have known.
Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982).
Accordingly, any “objectively reasonable” action by a state officer, as assessed in the light of clearly established law at the time of the conduct at issue, will be insulated by qualified immunity. Id. Thus, even if a public officer has deprived the plaintiff of a federal right, qualified immunity will apply if an objective reasonable official would not have understood, by referencing clearly established law, that his conduct was unlawful. See County of Sacramento v. Lewis, 523 U.S. 833, 118 S.Ct. 1708, 1714 n. 5, 140 L.Ed.2d 1043 (1998); Rich, 955 F.2d at 1095. The question whether an asserted federal right was clearly established at a particular time presents an issue of law subject to plenary review. Elder v. Holloway, 510 U.S. 510, 516, 114 S.Ct. 1019, 127 L.Ed.2d 344 (1994). “In inquiring whether a constitutional right is clearly established, we must ‘look first to decisions of the Supreme Court, then to decisions of this court and other courts within our circuit, and finally to decisions of other circuits.’ ” Walton v. City of Southfield, 995 F.2d 1331, 1336 (6th Cir.1993) (citation omitted).
“The ultimate burden of proof is on the plaintiff to show that the defendants are not entitled to qualified immunity.” Rich, 955 F.2d at 1095. Claims of qualified immunity are assessed on a fact-specific basis to ascertain whether the particular conduct of the defendant state employee infringed a clearly established federal right of the plaintiff, and whether an objective reasonable officer would have believed that his conduct was lawful under extant federal law.15 Anderson v. Creighton, 483 U.S. 635, 641, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987). Although the application of qualified immunity comprises a legal issue, summary judgment is inappropriate when conflicting evidence creates subordinate predicate factual questions which must be resolved by a fact finder at trial. See Johnson v. Jones, 515 U.S. 304, 313-15, 115 S.Ct. 2151, 132 L.Ed.2d 238 (1995).
Although a premises search conducted pursuant to valid consent cannot violate the Fourth Amendment, Schneckloth v. Bustamonte, 412 U.S. 218, 219, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973), the consenting party may limit the scope of that search, and hence at any moment may retract his consent. See Florida v. Jimeno, 500 U.S. 248, 251-52, 111 S.Ct. 1801, 114 L.Ed.2d 297 (1991); United States v. Gant, 112 F.3d 239, 242 (6th Cir.1997); United States v. Mitchell, 82 F.3d 146, 151 (7th Cir.1996). Thus, although the instant defendant officers had legitimately entered Lucky’s pursuant to Painter’s permission, and were conducting a legal consent search thereof, that search should have terminated instantly upon Painter’s revocation of consent, and the officers should have promptly departed the premises (assuming they possessed no independent legal authority to remain). Instead, Tush drew his sidearm upon the plaintiff; and Robertson frisked and arrested him.
However, Robertson has argued that the officers justifiably performed an investigative pat-down search of Painter instead of departing immediately because they possessed a reasonable suspicion, supported by articulable facts, that the plaintiff was both armed and potentially dangerous. Terry v. Ohio, 392 U.S. 1, 21-30, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); Sibron v. New York, 392 U.S. 40, 63-65, 88 [568]*568S.Ct. 1889, 20 L.Ed.2d 917 (1968); Adams v. Williams, 407 U.S. 143, 145-46, 92 S.Ct. 1921, 32 L.Ed.2d 612 (1972). See, e.g., United States v. McNeal, 955 F.2d 1067, 1076-78 (6th Cir.1992) (explaining that after a patrolman is lawfully inside a structure, either by authority of a warrant or consent, a pat-down search of a person within that building is governed by Terry and its progeny). The historical facts and circumstances pertinent to the “reasonable suspicion” inquiry pose pure factual issues, whereas the ultimate “reasonable suspicion” query constitutes a mixed issue of law and fact. See Ornelas v. United States, 517 U.S. 690, 696-98, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996); Houston v. Clark County Sheriff Deputy John Does 1-5, 174 F.3d 809, 813 (6th Cir.1999).
Construing the summary judgment record and its reasonable inferences most favorably for the plaintiff, defendant Robertson beyond controversy lacked a reasonable suspicion to justify frisking Painter. Chief Robertson knew that Painter had been forced to expel aggressive, intoxicated, and minatory patrons from the lounge, and had been the target of serious threats, a violent assault, and an attempted battery, earlier that same evening. Robertson had spoken with Painter shortly after those incidents and found him to be calm, cooperative, and non-menacing. Moreover, he knew that Painter was a law-abiding model citizen who had never caused any trouble, and that he was aiding his sister-in-law in the management and operation of her business.16 Accordingly, he knew prior to searching Painter that, if he indeed had concealed a loaded firearm on his person or within ready access inside the bar, he had a legal justification for that possession,17 and no articulable facts supported a suspicion that the plaintiff posed a potential safety hazard to any law-abiding person.
Nevertheless, Robertson elected to treat the crime victim as a criminal offender, on the apparent strength of vague accusations made by unidentified intoxicated persons in the club’s parking lot that Painter had brandished a firearm around the barroom. None of the officers was able to identify any person who had made this accusation against Painter other [569]*569than Doan and/or Shepard. Robertson knew that Doan and/or Shepard had incited disturbances at the bar, damaged property, and threatened Painter, which compelled Painter to order them from the tavern and to file a criminal complaint against Doan; accordingly Robertson knew that Doan and Shepard were of highly questionable veracity and possessed personal animosity against Painter, and thus that their accusations lacked sufficient indicia of reliability to warrant an objective reasonable suspicion that the plaintiff might be dangerous. See Adams, 407 U.S. at 146-47, 92 S.Ct. 1921 (1972).
Painter testified that his nervousness, evasiveness, and disposition towards the officers during their consent search of the inn was a byproduct of Robertson’s questions, demeanor, and attitude, which betrayed an intention to charge Painter with a crime.18 This concern may have been well conceived in light of testimony, quoted in note 6 above, that Robertson had previously stated that he considered Lucky’s to pose a public nuisance and a chronic policing headache, which may have prompted him to exaggerate a compelling justification for the tavern’s permanent closure. In any event, Robertson’s unfounded accusatory behavior towards Painter created the tense and confrontational environment during the consent search. By contrast, prior to being treated as a criminal by Robertson, Painter had done nothing to suggest that he had committed any crime that night, or that he might pose any danger to the officers or to any civilian who had not threatened his safety. Thus, on the summary judgment record construed most favorably for the plaintiff, Robertson lacked any reasonable suspicion which could be supported by articulable facts that Painter might aggressively menace any person; hence the faulted body search was unconstitutional. Moreover, as a matter of law, qualified immunity could not excuse Robertson from potential liability for that body search, at least on summary judgment, because clearly established law, including Terry, Sibron, and Adams, dictated prior to November 19, 1995 that a Terry frisk must be supported by an objectively reasonable suspicion that the subject was potentially dangerous.
Because this review concludes only that the record evidence, when construed most favorably for the plaintiff, proves that Robertson violated Painter’s Fourth Amendment right against unreasonable search and is not safeguarded by qualified immunity from liability for that act, it must now address the question whether, assuming arguendo a valid body search and seizure of Painter’s pistol, Robertson had probable cause to arrest Painter for the Ohio crime of carrying a concealed dangerous weapon and, if not, whether he was protected by qualified immunity from liability for that offense. A section 1983 wrongful arrest claimant must prove that the arresting officers lacked probable cause to believe that the suspect had committed the charged crime. Stemler v. City of Florence, 126 F.3d 856, 871 (6th Cir.1997), cert. denied, - U.S. -, 118 S.Ct. 1796, 140 L.Ed.2d 936 (1998). “Probable cause” denotes “facts and circumstances within the officer’s knowledge that are sufficient to warrant a prudent person, or one of reasonable caution, in believing, in the circumstances shown, that the suspect has committed, is committing, or is about to commit an offense.” Criss v. City of Kent, 867 F.2d 259, 262 (6th Cir.1988) (quoting Michigan v. DeFillippo, 443 U.S. 31, 37, 99 S.Ct. 2627, 61 L.Ed.2d 343 (1979)). “If the circumstances, viewed [570]*570objectively, support a finding of probable cause, the arresting officer’s actual motives are irrelevant.” Criss, 867 F.2d at 262. In section 1983 cases, the existence of probable cause usually poses a jury question. Pyles v. Raisor, 60 F.3d 1211, 1215 (6th Cir.1995); Yancey v. Carroll County, 876 F.2d 1238, 1243 (6th Cir.1989). Whereas the implicated circumstances comprise factual issues, the ultimate probable cause determination is a mixed issue of law and fact. Ornelas v. United States, 517 U.S. 690, 696-98, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996).
Robertson has argued that, upon surfacing the firearm, his probable cause to arrest Painter was manifest, because Painter had clearly committed each statutory element of the offense in controversy, namely the knowing concealment of a deadly weapon on the subject’s person. Ohio Rev.Code § 2923.12(A). In response to Painter’s contention that Robertson knew that he carried his gun in accordance with the affirmative defense created by Ohio Rev.Code § 2923.12(C)(2) (that the possessor carried his dangerous weapon “for defensive purposes, while he was engaged in a lawful activity, and had reasonable cause to fear a criminal attack upon himself ... such as would justify a prudent man in going armed”), Robertson has urged that, on November 19, 1995, no clearly established law restricted a peace officer’s authority to arrest any person whom a reasonable officer would believe had committed each of the predicate requisites of a criminal offense, simply because that suspect might have a legal justification or excuse for that conduct. Thus, Robertson has asserted that any information which he possessed concerning ■ the night’s prior events, or of Painter’s character and background, were irrelevant to the fact that Painter had affronted the literal strictures of section 2923.12(A) at the time of his arrest, independent of any proffered affirmative defense.
However, on February 12, 1999, this circuit resolved that, in 1991, clearly established federal law directed that the probable cause inquiry must encompass all “facts and circumstances within the officer’s knowledge that are sufficient to warrant a prudent person, or one of reasonable caution, in believing, in the circumstances shown, that the suspect has committed, is committing, or is about to commit an offense,” including facts and circumstances establishing a statutorily legitimated affirmative justification for the suspected criminal act. Estate of Dietrich v. Burrows, 167 F.3d 1007, 1013-14 (6th Cir.1999) (quoting Michigan v. DeFillippo, 443 U.S. 31, 37, 99 S.Ct. 2627, 61 L.Ed.2d 343 (1979)). In Estate of Dietrich, the Sixth Circuit affirmed a district court’s denial of qualified immunity to Ohio policemen who had arrested two professional cash couriers upon their admission that they were carrying concealed weapons, because those officers knew that those men legally carried their weapons by operation of Ohio Rev.Code § 2923.12(C)(1),19 and thus they lacked probable cause to believe that the plaintiffs had transgressed any law. Id. at 1011.
The Estate of Dietrich court, in rejecting the defendants’ argument that, in 1991, no controlling federal authority had clearly dictated that, in evaluating probable cause, an arresting officer must assess the potential validity of a criminal suspect’s claim of statutory justification or excuse, ruled that federal constitutional law had clearly provided at least since the Supreme Court’s [571]*571decision in Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925), “that probable cause determinations involve an examination of all facts and circumstances within an officer’s knowledge at the time of an arrest.” Estate of Dietrich, 167 F.3d at 1012 (emphasis in original). See also Adams v. Williams, 407 U.S. 143, 148-49, 92 S.Ct. 1921, 32 L.Ed.2d 612 (1972) (positing that an arrest for carrying a concealed weapon following the arresting officer’s removal of a loaded revolver from the suspect’s waistband was supported by probable cause because the surrounding circumstances “suggested no lawful explanation for possession of the gun.”) (Emphasis added).
The Estate of Dietrich precedent comprises binding stare decisis in the case at bench.20 Thus, beyond controversy, clearly established federal law had stipulated since 1925, and thus prior to November 18-19, 1995, that a peace officer, in assessing probable cause to effect an arrest, may not ignore information known to him which proves that the suspect is protected by an affirmative legal justification for his suspected criminal actions.21 In the instant case, upon construction of the record most favorably for the plaintiff, a reasonable officer in Robertson’s position would have known that Painter legally carried his concealed handgun as authorized by Ohio Rev.Code § 2923.12(C)(2). Accordingly, the district court improperly awarded summary judgment to Robertson on the basis of qualified immunity.
On the othér hand, the overall posture of defendant Tush was materially distinct from that of Robertson. After construing the record evidence and the supportable inferences to be derived therefrom most favorably for the plaintiff, it is nonetheless clear that no record evidence proved that Tush knew, or objectively could be expected to have known, that the plaintiff was not potentially dangerous, or [572]*572that his concealment of a dangerous weapon on his person was legally authorized. The record disclosed that Captain Tush had not been acquainted with Painter and knew nothing about him prior to November 19, 1995; had not been privy to Painter’s earlier conversation with Robertson wherein he had described the earlier disturbances caused by Doan and Shepard, lodged a complaint for criminal property damage against Doan, and exhibited a peaceful and cooperative demeanor; had not been aware that Shepard had threatened Painter’s life and had attempted to physically attack him; and, as a sheriff department employee who had been hailed to the scene by a municipal police chief merely to provide back-up assistance and protection, was not responsible for investigating suspected crimes but merely followed the municipal authority’s lead.
All that Tush knew, or reasonably could have been expected to know, during the consent search of Lucky’s was that some person or persons had claimed that during an earlier altercation inside the bar an unidentified person had brandished a firearm; at least some members of the crowd in the parking lot were apparently agitated; Robertson suspected that the bartender was the individual who had used the weapon and that he could have been carrying a concealed weapon; and that the plaintiff, at least in Tush’s opinion, was behaving evasively, nervously, and suspiciously during the premises search. Thus, to the extent that Tush assisted Robertson’s search and arrest of Painter, he is protected by qualified immunity even if Robertson’s actions violated the Fourth Amendment. A reasonable officer in Tush’s position would have been objectively justified in the belief that Robertson’s frisk and arrest of Painter comported with existing legal strictures because, based on the limited incomplete information available to Tush, a reasonable suspicion existed that the plaintiff may have been carrying a concealed deadly weapon and was potentially dangerous;22 probable cause existed, after Robertson seized the concealed firearm, to believe that he had breached section 2923.12(A); and no apparent affirmative justification existed for that infraction.
Accordingly, the lower court’s entry of summary judgment for defendant Robert Tush is AFFIRMED, whereas the summary judgment for defendant William Robertson is REVERSED. The ease is REMANDED for further proceedings consonant with this decision.