Category Archives: Qualified immunity

CA6: Officer in § 1983 case didn’t show basis for warrantless entry; QI erroneously granted

Crediting the plaintiffs’ complaint and the proof thus far, the defendant officer did not show an excuse for dispensing with the warrant requirement for a warrantless entry into the plaintiffs’ home. Thus, summary judgment on qualified immunity was erroneously granted … Continue reading

Posted in § 1983 / Bivens, Qualified immunity | Comments Off

CA1: There was no “doorway arrest” under Santana when ptf was behind a locked door the entire time

Police entered plaintiff’s house without a warrant to arrest him. An hour had passed, and any exigency was long gone. As for whether this could be a “doorway arrest” under Santana, that too is rejected because plaintiff was behind a … Continue reading

Posted in Arrest or entry on arrest, Emergency / exigency, Qualified immunity | Comments Off

CA7: RS man was casing a store for robbery made it reasonable to believe he was armed for a frisk

The cases that apply to plaintiff’s Terry stop don’t necessarily apply to plaintiff’s frisk. Here, the precedents were too dissimilar, and defendants are entitled to qualified immunity for the frisk. Plaintiff was a “suspicious person” believed to be casing a … Continue reading

Posted in Qualified immunity, Stop and frisk | Comments Off

CA6: Jail group strip searches invasive, but penologically justified; ptf must answer defs’ proffered justification

While group strip searches at a jail are invasive, there is a penological justification offered that plaintiff doesn’t answer. There is no clearly established law that these are unreasonable. “The issue we face is whether periodically conducting group strip searches … Continue reading

Posted in § 1983 / Bivens, Qualified immunity, Strip search | Comments Off

CA5: Bodycam video showed that this fatal shooting was apparently justified, and that essentially made credibility of the officer irrelevant

In this § 1983 action against a former deputy sheriff, which alleged excessive force in violation of the Fourth Amendment, the factual issues identified by the district court on summary judgment were immaterial in light of undisputed filmed facts of … Continue reading

Posted in § 1983 / Bivens, Body searches, Excessive force, Qualified immunity | Comments Off

CA5: Ptf in a 4A § 1983 case has to plead violation of a “clearly established right” to get over QI in complaint

Although an arrestee adequately alleged that members of a parish council and sheriff’s office maliciously conspired to prosecute him under an unconstitutional statute in retaliation for online comments about council members, his right was not clearly established because there was … Continue reading

Posted in Arrest or entry on arrest, Burden of pleading, Franks doctrine, Qualified immunity | Comments Off

CA9: § 1983 Franks violation: Ignoring alleged false statements still leaves PC

A search warrant was issued for alleged violations of the building code. Ignoring any alleged false statements that led to issuance of the search warrant, there still was probable cause. Gunnels v. Kenny, 2017 U.S. App. LEXIS 13204 (6th Cir. … Continue reading

Posted in § 1983 / Bivens, Franks doctrine, Qualified immunity | Comments Off

CA11: Punching ptf in the face because of apparent threat to officer was QI

Punching plaintiff in the face was objectively reasonable on these facts, and the officer is entitled to qualified immunity. “Viewing the evidence in the light most favorable to Avery, Davis saw a brawl break out between two groups of young … Continue reading

Posted in § 1983 / Bivens, Excessive force, Qualified immunity | Comments Off

CA3: Ptfs dismissed their 4A claims to appeal 1A claim of right to video police in action, and they prevailed

There is a First Amendment right to video or photograph the police doing their jobs. Plaintiffs were arrested for doing that, despite a city policy saying it was legal, and the district court ruled against them on the First Amendment … Continue reading

Posted in § 1983 / Bivens, Qualified immunity | Comments Off

CA5: Video of police shooting shows it was justified, so QI shown

Parents alleged Fourth Amendment violations under § 1983 in the fatal shooting of their son by a police officer. Based upon a bystander’s video of the incident, a reasonable officer in defendant’s position could have concluded that the son posed … Continue reading

Posted in § 1983 / Bivens, Excessive force, Qualified immunity | Comments Off