Category Archives: Qualified immunity

CA1: Police lie about exigency vitiated consent; and there was no qualified immunity

A police lie that conveyed the need to defendant for urgent action to address a pressing threat to person or property vitiated any voluntary consent. Moreover, the officer doesn’t get qualified immunity. Págan-González v. Moreno, 2019 U.S. App. LEXIS 8716 … Continue reading

Posted in Consent, Qualified immunity | Comments Off on CA1: Police lie about exigency vitiated consent; and there was no qualified immunity

CA9: Not well settled law that LEO stealing property during a search is 4A violation, so alleged thief gets qualified immunity

The law is not well settled, thus requiring qualified immunity, that a law enforcement officer’s stealing plaintiff’s property during a search is a violation of the Fourth Amendment. (Apparently something that’s obviously an unreasonable seizure doesn’t matter as long as … Continue reading

Posted in § 1983 / Bivens, Qualified immunity | Comments Off on CA9: Not well settled law that LEO stealing property during a search is 4A violation, so alleged thief gets qualified immunity

NY2: Jail call here was more prejudicial than relevant and should have been excluded

Admission of defendant’s jail call here was more prejudicial than relevant because it omitted context. The jury was at a loss as to what arrest was being talked about. People v. Robinson, 2019 NY Slip Op 01799, 2019 N.Y. App. … Continue reading

Posted in Administrative search, Prison and jail searches, Qualified immunity | Comments Off on NY2: Jail call here was more prejudicial than relevant and should have been excluded

CA6: No QI for stopping ptf for “flipp[ing] him the bird”

Officer Minard stopped the plaintiff for a minor traffic offense, and he let her off with a warning. Despite the break, she “flipped him the bird,” and the officer blue lighted her again and this time ran into her trying … Continue reading

Posted in § 1983 / Bivens, Qualified immunity | Comments Off on CA6: No QI for stopping ptf for “flipp[ing] him the bird”

GA: 536 day delay in getting SW for cell phone was unreasonable

Defendant’s cell phone was lawfully seized but apparently forgotten about. In preparation of the case, an assistant prosecutor found out about it and sought a search warrant, 536 days after seizure. The delay was unreasonable, and the phone’s contents are … Continue reading

Posted in Cell phones, Qualified immunity, Reasonableness | Comments Off on GA: 536 day delay in getting SW for cell phone was unreasonable

CA8: Arguable probable cause for arrest gives QI

“The totality of the circumstances at the time of the arrest, as described above, were sufficient for Svajgl to believe that Nader had committed or was committing the offense of possessing child pornography.” Arguable probable cause is all that’s required … Continue reading

Posted in Attenuation, Probable cause, Qualified immunity | Comments Off on CA8: Arguable probable cause for arrest gives QI

CA6: Knock-and-talk on curtilage was permitted

Officers came to plaintiff’s home for a knock-and-talk, and he went out the back with a gun in hand. One officer pursued him, and he ended up racking and pointing the gun and getting shot. The officers get qualified immunity … Continue reading

Posted in Curtilage, Knock and talk, Qualified immunity | Comments Off on CA6: Knock-and-talk on curtilage was permitted

CA11: § 1983 malicious prosecution claim defeated by PC even though exonerating information omitted from arrest affidavit

Plaintiff police officers’ false arrest claim fails on qualified immunity. Even though allegedly exonerating information was omitted from the arrest affidavits, and the criminal case was dropped by the state’s attorney, it wasn’t enough to undermine the probable cause that … Continue reading

Posted in § 1983 / Bivens, Franks doctrine, Qualified immunity | Comments Off on CA11: § 1983 malicious prosecution claim defeated by PC even though exonerating information omitted from arrest affidavit

CA6: Officers who went to hospital room get QI on whether there was a REP in the shared room

Officers who visited plaintiff in his hospital room he shared with another were sued for allegedly violating his reasonable expectation of privacy. There is no clear controlling authority, and the officers get qualified immunity [and the issue goes undecided]. Bonds … Continue reading

Posted in § 1983 / Bivens, Probable cause, Qualified immunity, Reasonable expectation of privacy | Comments Off on CA6: Officers who went to hospital room get QI on whether there was a REP in the shared room

CA7: QI barred § 1983 over forced prison blood draw

Plaintiff is an inmate in prison who was ordered to give a blood test when prison officials decided he wasn’t acting right and might be high. His suit over the prison’s forced blood draw is barred by qualified immunity. Holm … Continue reading

Posted in Body searches, Prison and jail searches, Qualified immunity | Comments Off on CA7: QI barred § 1983 over forced prison blood draw

CA2: Def parole officer gets QI on whether 4A or NY case law applies to parole search

Plaintiff was subjected to a parole search, and he contended New York law applied rather than Samson et al. The officer gets qualified immunity on the question because it appears Samson should but we don’t even need to resolve it. … Continue reading

Posted in § 1983 / Bivens, Probation / Parole search, Qualified immunity | Comments Off on CA2: Def parole officer gets QI on whether 4A or NY case law applies to parole search

CA3: Cabin search of cruise ship at border non-routine, but QI granted here

This is a suit over a 2008 search at USVI port of the plaintiff’s cabin on the Adventure of the Seas cruise ship. Plaintiff was in the Treasury Enforcement Communications System (TECS), a CBP database for intel, from prior travels … Continue reading

Posted in § 1983 / Bivens, Border search, Qualified immunity | Comments Off on CA3: Cabin search of cruise ship at border non-routine, but QI granted here