Category Archives: Qualified immunity

M.D.Fla.: Civilly committed sexually violent predator was effectively in prison for his 4A claim against room search

“Spaulding is civilly committed to the Florida Civil Commitment Center (‘FCCC’) under the Sexual Violent Predators Act” and his Xbox and blu-ray player were seized because having them wasn’t appropriate for his custody level. His due process and Fourth Amendment … Continue reading

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Cato Institute: Qualified Immunity: A Legal, Practical, and Moral Failure

Cato Institute: Qualified Immunity: A Legal, Practical, and Moral Failure by Jay Schweikert (“Qualified immunity is a judicial doctrine that protects public officials from liability, even when they break the law. The doctrine has no valid legal basis, it regularly … Continue reading

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CA5: Mistaken identity arrest for half brother with same name gets QI

Plaintiff’s case for a mistaken identity arrest when his half-brother with the same name was the target fails on qualified immunity. Baker v. McCollan, 443 U.S. 137 (1979) is close enough to show qualified immunity. Nerio v. Derekevans, 2020 U.S. … Continue reading

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CA10: Ptf didn’t have to show officer his ID and that wasn’t PC for arrest

“Mglej’s refusal to provide Deputy Gardner with his driver’s license or some other form of identification, then, as Deputy Gardner demanded, did not create probable cause to arrest Mglej under Utah Code § 76-8-301.5(1). Thus, sufficient to defeat summary judgment, … Continue reading

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CA2: Omissions from affidavit were material and denied QI

District court’s denial of qualified immunity affirmed. Omissions from the affidavit for the search warrant were material to the finding of probable cause. Pourkavoos v. Town of Avon, 2020 U.S. App. LEXIS 28183 (2d Cir. Sept. 3, 2020):

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CA11: No QI for killing decedent for trying to grab Taser to stop Tasering

“This fatal shooting ‘lies so obviously at the very core of what the Fourth Amendment prohibits that the unlawfulness of the conduct was readily apparent’ even without a prior case on point.” No qualified immunity. Cantu v. City of Dothan, … Continue reading

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pjmedia: Judge Denies Qualified Immunity for Kentucky Child Welfare Workers Who Illegally Strip-Searched Children

pjmedia: Judge Denies Qualified Immunity for Kentucky Child Welfare Workers Who Illegally Strip-Searched Children by Megan Fox:

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NYTimes: How Reuters Analyzed Court Data on Qualified Immunity

NYTimes: How Reuters Analyzed Court Data on Qualified Immunity by Reuters:

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CA6: Pleading false information used to get SW overcame QI at this stage

Pleading that defendants used false information to get a search warrant for them. That was enough to get around qualified immunity, and the district court erred in dismissing at this stage. Marvaso v. Sanchez, 2020 U.S. App. LEXIS 26723 (6th … Continue reading

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W.D.La.: Furtive conduct before getting in car justified stop of car

Defendant’s furtive activity before the stop observed on a parking lot and during the stop was reasonable suspicion. United States v. Pierre, 2020 U.S. Dist. LEXIS 147127 (W.D. La. July 17, 2020).* Defendant admitted to there being drugs in the … Continue reading

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CA2: Ebola quarantine order is entitled to QI under the 4A essentially for lack of a case on point

An Ebola quarantine order is entitled to qualified immunity under the Fourth Amendment essentially for lack of a case on point that it could be unreasonable. Liberian Cmty. Ass’n of Conn. v. Lamont, 2020 U.S. App. LEXIS 25804 (2d Cir. … Continue reading

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CA6: Alleged false statement to get an arrest warrant overcame QI

Alleged false statement to get an arrest warrant overcame qualified immunity. Tlapanco v. Elges, 2020 U.S. App. LEXIS 25595 (6th Cir. Aug. 12, 2020). The state failed to show exigent circumstances excused obtaining a search warrant for defendant’s BAC. Commonwealth … Continue reading

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D.Nev.: Ptf’s claim he was held past his sentence expiring stated a 4A claim

Plaintiff’s claim he was held in jail past his sentence expiration date survives summary judgment as a Fourth Amendment claim. Barrese v. Las Vegas Metro. Police Dep’t, 2020 U.S. Dist. LEXIS 143360 (D. Nev. Aug. 10, 2020). The trial court … Continue reading

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CA9: It was well established that “illegal presence” in the U.S. was not a crime, so ptf’s arrest was unreasonable

Illegal entry is a crime, but not mere presence, and that was well established since 2012. Defendant’s arrest of plaintiff in a courtroom as a witness on suspicion of being here illegally at the request of a JP was unreasonable. … Continue reading

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CA8: Ptf’s takedown was reasonable for his not responding to commands

Plaintiff was taken down because he didn’t properly respond to commands, and he suffered facial injuries. He was, however, so intoxicated and couldn’t remember what happened. He was also Tased. It was all reasonable based on what the officer was … Continue reading

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S.D.Miss.: QI has to be applied but it should be overruled (updated)

Plaintiff’s claim that he was wrongfully stopped and searched, finding nothing, and had his newly acquired car torn apart on the side of the road still led to the officer getting qualified immunity. This case is an historical and practical … Continue reading

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