Category Archives: Qualified immunity

KS: Stop-and-frisk was a factually justified “discretionary function” and the officer couldn’t be sued

With a due comparison to Det. Martin McFadden’s actions in observing John W. Terry and Richard D. Chilton in Terry v. Ohio, the officer on the totality was justified in inquiring of defendant what he was doing. Plaintiff wasn’t arrested, … Continue reading

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

CA6: No reasonable officer could conclude there was PC for pft’s arrest

“When reviewing the information known to Seidl at the time of Zavatson’s arrest, we conclude that no reasonable officer could have believed, based on anything more than speculation, that Zavatson had committed the purported theft. As an initial matter, there … Continue reading

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

CA10: Defs did not violate clearly established 4A law by accessing the Utah Controlled Substance Database on plaintiffs’ prescriptions

Defendants did not violate clearly established Fourth Amendment law by accessing the Utah Controlled Substance Database on plaintiffs’ prescriptions (and the Fourth Amendment claim goes undecided). Pyle v. Woods, 2017 U.S. App. LEXIS 21713 (10th Cir. Nov. 1, 2017):

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

CA5: Search of wrong house leads to liability: “An officer who makes no reasonable effort to correctly identify the place to be searched does not get immunity merely because someone else was leading the search.”

Sloppy police work leading to a search of the wrong house on a warrant leads to loss of qualified immunity: “An officer who makes no reasonable effort to correctly identify the place to be searched does not get immunity merely … Continue reading

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

CA9: Ptf has to plead well established law was violated for § 1983

Plaintiff has the burden of pleading well established law was violated by defendants’ conduct. Here, the law was “murky” on whether the actions of the plaintiff was probable cause. Thus, the officers get qualified immunity. Burgan v. Nixon, 2017 U.S. … Continue reading

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

CA2: Correcting the alleged false statements in affidavit still leaves PC so officials have QI

Deleting the allegedly false information from the affidavit for search warrant leaving it as a “corrected” affidavit under Franks, there still was a fair probability for probable cause. That there might be other explanations doesn’t undermine probable cause. Therefore, defendants … Continue reading

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

CA1: QI for excessive force doesn’t require a case exactly on point; Garner is close enough for a jury to find liability

The district court denied qualified immunity to an officer who shot the victim in the head with an AR-15 without warning for allegedly brandishing a firearm. The victim had been wandering in and out of his house with a gun … Continue reading

Posted in Excessive force, Qualified immunity | Comments Off

SCOTUSBlog: Argument preview: Parties, probable cause and the Fourth Amendment (DC v. Wesby)

SCOTUSBlog: Argument preview: Parties, probable cause and the Fourth Amendment (DC v. Wesby) by Amy Howe: When District of Columbia police officers Andre Parker and Anthony Campanale responded to reports of unauthorized goings-on at a supposedly vacant home nearly a … Continue reading

Posted in Qualified immunity, SCOTUS | Comments Off

CA9: Arrest on mistaken identity gets QI, but continuing the arrest after learning mistake doesn’t; Summers doesn’t apply to arrest warrants

Plaintiff’s initial arrest on mistaken identity was not in violation of clearly established law, and, thus, the officers had qualified immunity. After learning, however, that plaintiff was not the person sought, officers did violate the Fourth Amendment by keeping him … Continue reading

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

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