Category Archives: Qualified immunity

D.Utah: An A-C communication seized that was still in the hands of the taint team was not a 4A or 6A violation

An attorney-client letter was obtained by search warrant and it was isolated by the taint team. Because no case was pending at the time, the Sixth Amendment was not violated, and the dismissal or disqualification is an necessary remedy. United … Continue reading

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CA11: Officers participating in violation of 4A can be sued, too

“Marglli Gallego brought this 42 U.S.C. § 1983 action against four police officers. She alleged that two of those officers—whom we’ll call the ‘off-duty officers’—unreasonably seized her in violation of the Fourth Amendment. And she alleged that the other two … Continue reading

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E.D.Wis.: Cross-gender strip search with transgender guard not “clearly established” for QI purposes

Plaintiff’s claim of a cross-gender jail strip search with a transgender guard was not clearly established at the time it happened, so the claim is barred by qualified immunity. West v. Eckstein, 2024 U.S. Dist. LEXIS 104294 (E.D. Wis. June … Continue reading

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CA9: Fact question shooting ptf’s decedent without warning who wasn’t posing threat was potentially unreasonable

The district court’s grant of qualified immunity is reversed. There are factual disputes for trial that the shooting death of plaintiff’s decedent was unreasonable because he presented no threat and was shot without warning. Calonge v. City of San Jose, … Continue reading

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N.D.Tex.: Prison shakedown search that included strip searches was reasonable

Prison shakedown search that included strip searches was reasonable. “The foregoing sufficiently demonstrates the fittingness of these strip searches under the Fourth Amendment. These routine strip searches, which occur only twice per year, require the upheaval of all prisoners and … Continue reading

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CA11: Shooting ptf’s dog gets no QI here

Alleged unnecessary shooting of plaintiff’s dog stated claim with no qualified immunity. Plowright v. Miami Dade Cty., 2024 U.S. App. LEXIS 13613 (11th Cir. June 5, 2024):

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CA7: Officers’ fear force would be used against them was reasonable

“When the deputies encountered him, he appeared intoxicated; they reasonably feared that he might become dangerous, and he became so when, as Culley later admitted in state court, he lunged at them and resisted arrest before they pushed him to … Continue reading

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CA7: Officer punching arrestee four times after arrestee punched him gets QI

“After Charles Brumitt struck Evansville Police Department Sergeant Sam Smith, Smith defended himself by punching Brumitt four times in the face, knocking him unconscious. Brumitt sued Smith under 42 U.S.C. § 1983, asserting that Smith used excessive force in violation … Continue reading

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CA10: Eight-hour seizure of home investigating OD before getting SW was unreasonable

“After Corban Elmore’s teenage son suffered a drug overdose at Elmore’s home, law-enforcement officers secured the scene and prohibited anyone from entering the house. The officers then continued to investigate and allowed almost eight hours to elapse before applying for … Continue reading

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NE: LEO’s statutory jurisdictional authority is not an unreasonable search and seizure question

A law enforcement officer’s statutory power and authority to enforce laws outside of the officer’s primary jurisdiction does not implicate the Fourth Amendment or article I, § 7, of the Nebraska Constitution. State v. Hoehn, 316 Neb. 634 (May 17, … Continue reading

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E.D.Ark.: Landlord and tenant refused rental property inspection and SW was validly issued and protected privacy interests

The renter of property has a Fourth Amendment right in the property under the city rental inspection code but not if a warrant is issued. Here, the owner and tenant refused inspection and entry, and the city obtained an administrative … Continue reading

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UT: RS on a prior day was not RS for stop on day in question

Even assuming the officer had reasonable suspicion defendant was involved in a prior incident, he had no reasonable suspicion for stopping defendant this time. State v. Correa, 2024 UT App 69, 2024 Utah App. LEXIS 69 (May 9, 2024). Petitioner … Continue reading

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CA5: Franks civil case pleads enough to overcome QI

Plaintiff showed sufficient facts to support a § 1983 Franks claim for false statements supporting probable cause for arrest. Franks is clearly established law. Hughes v. Garcia, 2024 U.S. App. LEXIS 10922 (5th Cir. May 3, 2024). “Based upon our … Continue reading

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CA6: No QI for shooting a man obviously surrendering

Officers responded to an armed potentially suicidal man they found in his house. When commanded to show his hands he started to get down to the floor when he was shot. “A jury could find these actions would indicate to … Continue reading

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E.D.N.Y.: To get CSLI, there must be some showing the phone was involved in the crime

Just saying that criminals usually have their cell phones on them is not sufficient for probable cause. Something tying the phone to the crime, however, is enough. Here it was text messages.United States v. Rutledge, 2024 U.S. Dist. LEXIS 76534 … Continue reading

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D.Me.: Alleged statutory violation doesn’t warrant exclusionary rule

In a search of medical records, records were seized in excess of the scope of a prior Patient Records Order for information other than patient drug abuse, but that did not warrant suppression here because the Fourth Amendment was not … Continue reading

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N.D.Ind.: Motion to suppress was near denial of standing by disavowing relationship with premises

The affidavit showed a substantial basis for concluding that drug evidence would be found in the search of the apartment. [The motion to suppress sought to distance defendant from the place. Came close to being a denial of standing, but … Continue reading

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CA11: QI in suicide by cop case

Suicide by cop: Decedent attempted suicide cutting her wrists in the bathtub. Her husband found her and called 911. Police showed and decedent had gotten out of the tub and advanced on the officers, knife in hand, getting shot and … Continue reading

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CA10: Concealing one’s identity to the police without there being an underlying offense doesn’t create PC

Concealing one’s identity to the police without there being an underlying offense doesn’t create probable cause. No qualified immunity: “Our cases are clear: law enforcement needs reasonable suspicion of a ‘predicate, underlying crime,’ not a generalized suspicion a person is … Continue reading

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CA6 disagrees with CA7 on de minimis injuries under § 1983 force cases

“We end with two disclaimers. As for the first disclaimer, courts have suggested that § 1983 does not provide a cause of action for ‘trifling’ injuries—whether a plaintiff alleges a violation of the First Amendment, the Fourth Amendment, or any … Continue reading

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