Category Archives: Qualified immunity

CA8: A 1 in 11 chance homeowner had CP on computer was enough for qualified immunity; search turned up nothing and he lost job then home

Child pornography was able to be downloaded from plaintiff’s IP address, so Minot police got a search warrant for plaintiff’s address, which appeared to be a single family dwelling. When they got there, however, they learned that 11 people lived … Continue reading

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MI: Taking ptf’s photo and prints after a valid arrest did not violate 4A

The taking of plaintiff’s photograph and fingerprints after an apparently valid arrest was not a clearly established violation of the Fourth Amendment where he was innocent of a crime. Plaintiff did not contest his arrest, but he contended that the … Continue reading

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CA11: Shooting of ptf during drug raid was reasonable and subject to QI

This § 1983 case arose from a shooting death by police during execution of a drug search warrant. The pre-search briefing told the officers that the suspect inside was involved in drug dealing and was likely armed, so a no-knock … Continue reading

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CA11: A police dog can’t be sued for excessive force under § 1983 or for negligence under state law

A police dog can’t be sued under § 1983, although the handler can. Here, the handler has qualified immunity for this use of force. Jones v. Fransen, 2017 U.S. App. LEXIS 8816 (11th Cir. May 19, 2017):

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CA6: Officer arresting on warrant for failure to perform community service that was mistakenly issued had QI

The officer executing a warrant that should not have been issued by the court in the first place for plaintiff’s failure to perform his community service had qualified immunity. Beckham v. City of Euclid, 2017 U.S. App. LEXIS 8453 (6th … Continue reading

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CA10: Successful suppression of evidence is not a “favorable outcome” for malicious prosecution purposes against the prosecutor; QI granted

Successful suppression of evidence is not a “favorable outcome” for malicious prosecution purposes against the prosecutor. It doesn’t show actual innocence. Margheim v. Buljko, 2017 U.S. App. LEXIS 7421 (10th Cir. April 27, 2017):

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VA: PC for arrest for reckless driving wasn’t stale after three hours

The officer saw defendant recklessly driving, but wasn’t able to stop him. Staleness for arrest for that did not dissipate within three hours before he saw defendant again. Hairston v. Commonwealth, 2017 Va. App. LEXIS 99 (April 11, 2017) (see … Continue reading

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CA7: Officer did not violate 4A in reasonably handcuffing road rage suspect until RS dissipated

The district court erred in not granting summary judgment to the officer in this § 1983 case for his use of handcuffs on the plaintiff in his mid-60’s. There was reasonable suspicion for his stop as a suspect in a … Continue reading

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Two on qualified immunity

It was not sufficiently clear that the officers’ actions here in aiding a repossession violated the Fourth Amendment, so they get qualified immunity. “However, there is sufficient daylight between the Officers’ conduct here and the conduct in Cochran and Hensley … Continue reading

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CA11: Nolo plea establishes PC for arrest; excessive force can be shown by the injuries

Plaintiff’s nolo plea established probable cause for his arrest. Plaintiff’s excessive force claim, however, is established by clearly established law and the district court erred in finding it was de minimus. It appears that plaintiff was handcuffed and compliant but … Continue reading

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