Category Archives: Qualified immunity

Forbes: Cop Who Accidentally Shot 10-Year-Old When Aiming For Family Dog Can’t Be Sued, Federal Court Rules

Forbes: Cop Who Accidentally Shot 10-Year-Old When Aiming For Family Dog Can’t Be Sued, Federal Court Rules by Nick Sibilla:

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CA5: Revd for failure to determine “clearly established law” for QI

“Both parties and the district court failed to address qualified immunity’s second question. The district court did not consider whether Defendants’ conduct—even assuming it violated the Fourth Amendment—violated clearly established law. See Morrow, 917 F.3d at 874. McDonald points to … Continue reading

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CA11: Officer’s second gunshot at a dog not clearly established as excessive force; QI granted, ptf not even a target

Excessive force qualified immunity case: A second gunshot at a dog wasn’t clearly established to be excessive force, and plaintiff wasn’t even a target. Therefore, the officer gets qualified immunity. Corbitt v. Vickers, 2019 U.S. App. LEXIS 20447 (11th Cir. … Continue reading

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CA5: Medical Board violated 4A by demanding immediate compliance with SDT; but they get qualified immunity

The Texas Medical Board violated the Fourth Amendment when conducting an administrative search of a physician’s office because it demanded immediate compliance with its subpoena. The medical industry as a whole was not a closely regulated industry, and the statutory … Continue reading

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CA6: Dist Ct erred in concluding it was reasonable to believe ptf abandoned his home; finding of QI reversed

The district court erred in granting qualified immunity to officers who decided that the plaintiff had abandoned his rented home by disclaiming ownership in the property. He was clearly a guest at the minimum or a renter at most, and … Continue reading

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CA11: Officers get QI for stop of apparent burglars

The defendant officers’ actions were justified and subject to qualified immunity. They were patrolling an area known for daytime burglaries and saw plaintiff lurking along the side of homes and stopped to inquire and found that one house was open. … Continue reading

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CA9: The smell of marijuana from a car in a recreational use state is still PC

The smell of marijuana from a car in Nevada where recreational use is permitted is still probable cause because state law doesn’t permit smoking in a car. United States v. Gray, 2019 U.S. App. LEXIS 19095 (9th Cir. June 26, … Continue reading

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S.D.Fla.: Ptf sufficiently pled a civil Franks claim that survives summary judgment and QI

Plaintiff sufficiently pled a civil Franks claim that survives summary judgment and qualified immunity. Wooden v. Armenteros, 2019 U.S. Dist. LEXIS 106113 (S.D. Fla. June 25, 2019).* “At this stage of the proceedings, viewing the evidence in the light most … Continue reading

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CA8: Lack of knock-and-announce for parole search gets QI despite fact no case says it’s lawful; no “robust consensus of cases of persuasive authority”

Plaintiff absconded parolee was subjected to an unannounced entry into his hotel room about 6 am for a parole search. He was in bed with his girlfriend and a gun. The Arkansas Supreme Court held the entry violated the Fourth … Continue reading

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S.D.Ind.: Def’s 2255 4A IAC claim was speculative at best and denied

Defendant claims his attorney was ineffective for failing to tell him about a possible motion to suppress, and, thus, he wouldn’t have pled guilty. The court, however, finds no facts anywhere in the case supporting even an inference there was … Continue reading

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E.D.Mich.: Jones didn’t alter the automobile exception

The automobile exception is intact as it always was, and Jones didn’t do anything to change the calculus. United States v. Lee, 2019 U.S. Dist. LEXIS 99900 (E.D. Mich. June 14, 2019). The government proved that it would have otherwise … Continue reading

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CA6: No QI immunity in an alleged unreasonable opposite sex strip search at jail with alleged unreasonable touching

Plaintiff overcame qualified immunity in her suit against five male jailers who stripped searched her and allegedly touched her genitalia and breasts when she was nude in wrestling her on the floor at book-in. Because of a spit mask they … Continue reading

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