Category Archives: Qualified immunity

CA8: RS too fact bound to lend itself to overcoming QI defense in § 1983 case

Plaintiff suppressed his search in state court for lack of reasonable suspicion, but he can’t get over the qualified immunity hurdle to sue the officer for the detention. The reasonable suspicion was thin at best, and, instead of nervousness, the … Continue reading

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CA10: QI isn’t determined by violation of state law; has to be violation of federal law

In a fractured panel decision, the Tenth Circuit holds that federal law governs qualified immunity, not state law. Here, defendant violated clearly established state law, but the district court didn’t decide whether it violated clearly established federal law. Remanded. Stanley … Continue reading

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C.D.Cal.: That building inspector’s entry was governed by 4A is clearly established

A municipal building inspector’s entry into plaintiff’s building is governed by the Fourth Amendment and the law is well established. “Red-Tagging” the property for defects facially states a claim for relief and the motion to dismiss is denied. VNT Prop. … Continue reading

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OR: Telling def to let out dogs so police could search his house was not his consent

The officers showed up to search defendant’s house and told him that he could let his dogs out or they would do it before the search. His letting the dogs out wasn’t consent to the search. “Moreover, under the totality … Continue reading

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E.D.Ark.: There is no such thing as a negligent search and seizure claim

There is no such thing as a negligent search and seizure claim. Rudd v. City of Jonesboro, 2017 U.S. Dist. LEXIS 28682 (E.D.Ark. March 1, 2017). The search of plaintiff’s truck in a garage was reasonable and officers get qualified … Continue reading

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WaPo: ‘The Watch’ Blog: 11th Circuit: Cops weren’t given enough notice that police tactics used for decades are unconstitutional

WaPo: ‘The Watch’ Blog: 11th Circuit: Cops weren’t given enough notice that police tactics used for decades are unconstitutional by Radley Balko:

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CA10: QI applies to suit by driver and his child in car over police shooting driver

Several officers attempted to stop plaintiff at 3:50 am, and he finally stopped. One officer got in front of the car with a shotgun, and the car moved forward. That officer fired two shots from a shotgun at the driver, … Continue reading

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CA1: No curtilage in def’s apt building yard

Defendant’s curtilage to an apartment building wasn’t violated by police entry through an unlocked back gate to get to the front door. (That apparently was a common way in.) Defendant came to the door and let them in, and then … Continue reading

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CA10: Handcuffing and jailing an inebriated man as “incapacitated” violated the 4A and no QI

Plaintiff showed up at a concert at the Xfinity Center in Boston inebriated, but not so drunk he didn’t know what he was doing. Security separated him from the incoming line into the hands of the defendant, an off-duty officer … Continue reading

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CA4: No QI for arrest w/o PC and pft held for 80 days; lack of PC was obvious

Plaintiff was held for 80 days on an arrest utterly without probable cause, and the officer has no qualified immunity. Smith v. Munday, 2017 U.S. App. LEXIS 1975 (4th Cir. Feb. 3, 2017):

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