Category Archives: Qualified immunity

WV: Exclusionary rule does not apply in civil cases

DHHR obtained information about the parents from an alleged illegal stop. The exclusionary rule doesn’t apply in civil cases. In re N.R., 2019 W. Va. LEXIS 524 (Nov. 7, 2019). A game warden approached plaintiff sitting in his truck in … Continue reading

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CA4: Ptf shot and paralyzed during no-knock raid states a claim and survives QI

During a no-knock entry with a battering ram by plain-clothes officers for marijuana, plaintiff heard a commotion from the back of his house, reached for a gun, and was shot at 29 times, hit 9 times, and paralyzed. The officer … Continue reading

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KY declines to reject Hodari D. under state constitution

Kentucky’s state constitution’s search provision is based on Pennsylvania’s. Pennsylvania has rejected Hodari D. under state law. Kentucky declines to do so, too. Hunter v. Commonwealth, 2019 Ky. LEXIS 434 (Oct. 31, 2019). Post-conviction petitioner’s cell phone search issue had … Continue reading

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CA11: Factual dispute as to where misd arrest occurred, in the house or out, denies QI; it appears force used was excessive

Arguable probable cause supported plaintiff’s misdemeanor arrest, but there is a factual dispute denying qualified immunity to the officers of where exactly the arrest started and how it ended up indoors. That remains for trial. The complaint also survives on … Continue reading

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CA2: Not clearly established for QI that a warrantless body cavity search required exigency and a particularized suspicion

A police officer was entitled to qualified immunity because the right to be free from a warrantless manual body cavity search in the absence of exigent circumstances and a particularized suspicion that evidence of a crime was secreted inside the … Continue reading

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CA7: Police officers who obtained def’s blood work from a hospital under an Indiana statute didn’t violate the 4A

Plaintiff sued under § 1983 because police got his blood work from the hospital albeit under Indiana statute. “We turn next to Stewart’s Fourth Amendment claim. The district court entered summary judgment for the defendant police officers on the basis … Continue reading

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CA11: PC or not, the warrantless entry to arrest ptf violated the 4A

The parties got into an argument, and plaintiff went back into his house. The defendant came in after him. “Without deciding whether Bailey’s arrest was supported by probable cause—or, as it goes in the qualified-immunity context, ‘arguable probable cause’—we reverse. … Continue reading

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D.Idaho: US Probation may enlist LEOs in conducting supervision search of cell phone

U.S. Probation was supervising defendant and they suspected child pornography on his cell phone. They enlisted HSI to search the phone. This did not violate federal law; USPO can get assistance to conduct a search. United States v. Johnson, 2019 … Continue reading

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CA3: A threat to violate the 4A is not a 4A violation; it is contingent for Art. III

“The Probation Department employees’ alleged threat to send Repotski back to jail does not state a constitutional violation cognizable under § 1983. See McFadden v. Lucas, 713 F.2d 143, 146 (5th Cir. 1983) (noting that mere threats do not amount … Continue reading

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CA10: Remanded again on QI because the court admittedly wasn’t perfectly clear

Appellate courts can’t always speak with one voice or opinion. The panel in this case previously issued three opinions. Harte v. Bd. of Comm’rs of the Cty. of Johnson, 864 F.3d 1154 (10th Cir. 2017). On remand, then, everybody had … Continue reading

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CA6: Police get QI for coming to take ptf in for a mental exam but electing instead to arrest

Police were called to plaintiff’s house because he was barricaded in a closet with a gun threatening to kill himself. When police arrived, he was ultimately taken in for alleged crimes, for which he was later acquitted. The officers get … Continue reading

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CA11: Ptf arrested on incorrect computer entry had 4A rights violated, but defs get QI

Plaintiff paid his fine for a speeding ticket and that was to avoid probation. The probation officer was in court and heard all that. Some clerk, however, entered into the computer system that he was on probation. Plaintiff was later … Continue reading

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