Category Archives: Qualified immunity

N.D.Ga.: Prosecutor immune for false presentation of evidence in SW affidavit

A prosecutor’s false presentation of evidence for a search warrant is entitled to immunity. Here, plaintiff doesn’t even say what the false evidence is. Captain Jack’s Crab Shack, Inc. v. Cooke, 2021 U.S. Dist. LEXIS 69196 (N.D. Ga. Mar. 8, … Continue reading

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CA7: Shooting ptf after firing a gun in the air around a crowd of people still entitled to qualified immunity

The defendant officer’s use of deadly force against the armed plaintiff who fired a gun into the air around many people apparently to attempt to break up a scuffle led to him getting shot multiple times in seconds. Someone else … Continue reading

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CA11: Tasing someone ignoring three commands to get on the ground was reasonable for QI purposes

“Measuring the facts of this case against the above factors, Deputy Ward acted reasonably when he used force against Duncan after she did not obey his orders to get on the ground. Even accepting as true that Duncan did not … Continue reading

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CA5: A jury will have to decide reasonableness of excessive force used against a suicidal man

A jury needs to decide whether this officer’s use of deadly force on a suicidal suspect was reasonable. it was “clearly established — and possibly even obvious — that an officer violates the Fourth Amendment if he shoots an unarmed, … Continue reading

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D.D.C.: Requirement of a medical exam to determine if a firefighter can return to duty isn’t 4A violation

“McCrea claims that Defendants violated her Fourth Amendment right to privacy by ordering her to undergo psychological assessments that went beyond the essential functions of her job as a firefighter. … The Fourth Amendment protects an individual’s ‘reasonable expectation of … Continue reading

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CA2: Slamming head of nonresisting arrestee excessive

The district court erred in entering summary judgment for officers in an excessive force claim. It was clearly established that slamming an unresisting detainee’s head into a car doorframe was excessive. Ketcham v. City of Mt. Vernon, 2021 U.S. App. … Continue reading

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E.D.Wis.: Video of aftermath of execution of SW more prejudicial than relevant under Rule 403

In a civil case over a shooting of dogs during execution of a search warrant, the court rejects that the warrant was unreasonable but finds the bodycam of shooting the dogs and the aftermath irrelevant and inflammatory under Rule 403. … Continue reading

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D.Minn.: Information from named security guard passing on detailed hearsay from unidentified source in 911 call was reliable

The 911 caller here was an identified security guard who passed on detailed information he’d received from a source. The detail made it reliable enough for reasonable suspicion. United States v. Valenzuela, 2021 U.S. Dist. LEXIS 50262 (D. Minn. Feb. … Continue reading

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CA11: Tasing grand mal seizure sufferer held down by four men was excessive on its face; no QI

The officer’s repeated Tasings of the teenager who was suffering a grand mal seizure amounted to excessive force. The district court properly denied qualified immunity, because the constitutional violation was clearly established based on both materially similar case law and … Continue reading

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CA5: Police accidentally shooting a hostage isn’t an intentional seizure

“Here, the only plausible reading of the allegations is that Doe accidentally shot Ulises while trying to help him by ending the hostage situation. Such accidental conduct does not result in a Fourth Amendment seizure. See Brower, 489 U.S. at … Continue reading

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CA9: Violent take down of traffic detainee not resisting could be found excessive; no QI

Qualified immunity is denied officers for excessive force in a violent take down on a passively resisting plaintiff in a traffic stop without there being any exigency justifying it. “Viewing the facts, as we must, in the light most favorable … Continue reading

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CA2: A mere hunch there was an arrest warrant made stop unreasonable

It was clearly established law in January 2015 that an officer’s unconfirmed hunch that an arrest warrant might possibly exist, coupled with nothing more than the officer’s recognition of a suspect from prior arrests, did not constitute reasonable suspicion justifying … Continue reading

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CA1: Breaking the excessive force claim into parts for analysis results in a denial of QI

The officers do not get qualified immunity in this 1983 case. “Certainly, this was not an ‘obvious case’ where the officers so blatantly violated the Fourth Amendment that recourse to factually analogous case law is unnecessary. Wesby, 138 S. Ct. … Continue reading

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S.D.N.Y.: HomeAway and AirBnb prevailing parties in their data collection suit v. NYC

HomeAway.com and AirBnb.com were prevailing parties in their Fourth Amendment claims against the City of New York for sweeping data production, and they are awarded $595,000 in attorneys fees. HomeAway.com, Inc. v. City of New York, 2021 U.S. Dist. LEXIS … Continue reading

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CA8: Presenting def with DNA SW after he lawyers up wasn’t attempt to reopen interrogation

Presenting defendant with a search warrant for DNA swabs during an interrogation after he lawyered up was a statement of fact and not an attempt to get him to talk again. Thus, Miranda not violated. United States v. Zephier, 2021 … Continue reading

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Reason: A Prison Guard Who Pepper-Sprayed an Inmate Without Provocation Got Qualified Immunity. SCOTUS Disagreed.

Reason: A Prison Guard Who Pepper-Sprayed an Inmate Without Provocation Got Qualified Immunity. SCOTUS Disagreed. By Billy Binion (“An encouraging sign from the Supreme Court.”)

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CA5: Tasering a man threatening suicide who doused himself in gasoline was subject to qualified immunity when the Taser set him on fire

Plaintiff’s decedent doused himself in gasoline and threatened to burn the house down with six people inside. He had a lighter in hand. The officers used their Tasers on him as a last resort, and that caused him to burst … Continue reading

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SD: Inverse condemnation doesn’t lie for damage caused by execution of SW

Surveying cases from other jurisdictions, the South Dakota Supreme Court decides that inverse condemnation claims do not lie under the state’s eminent domain provision ( “[p]rivate property shall not be taken for public use, or damaged, without just compensation[.]”) for damage to … Continue reading

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CA3: Warrant for roving wiretap didn’t have to call device a “cell site simulator” when it fully described it

The government obtained a roving wiretap for defendant’s cell phone with a cell site simulator. In the warrant application, they described in detail what a cell site simulator was, but it never said the words “cell site simulator.” It doesn’t … Continue reading

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CA3: Failure to factually plead lack of PC or malice for a 4A malicious prosecution claim makes it fail

Karkalas v. Marks, 2021 U.S. App. LEXIS 3868 (3d Cir. Feb. 11, 2021):

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