Category Archives: Qualified immunity

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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N.D.Ill.: QI granted city for seizure of liquor license under IL law after a bar erupted into a large fight

Plaintiff ran a bar in the Chicago suburbs, and police got 911 calls about a large fight inside. When they arrived and sorted it out, the Mayor, under the authority of the Illinois liquor control law, ordered the liquor license … Continue reading

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CA8: RS too fact bound to lend itself to overcoming QI defense in § 1983 case

Plaintiff suppressed his search in state court for lack of reasonable suspicion, but he can’t get over the qualified immunity hurdle to sue the officer for the detention. The reasonable suspicion was thin at best, and, instead of nervousness, the … Continue reading

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CA10: QI isn’t determined by violation of state law; has to be violation of federal law

In a fractured panel decision, the Tenth Circuit holds that federal law governs qualified immunity, not state law. Here, defendant violated clearly established state law, but the district court didn’t decide whether it violated clearly established federal law. Remanded. Stanley … Continue reading

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C.D.Cal.: That building inspector’s entry was governed by 4A is clearly established

A municipal building inspector’s entry into plaintiff’s building is governed by the Fourth Amendment and the law is well established. “Red-Tagging” the property for defects facially states a claim for relief and the motion to dismiss is denied. VNT Prop. … Continue reading

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OR: Telling def to let out dogs so police could search his house was not his consent

The officers showed up to search defendant’s house and told him that he could let his dogs out or they would do it before the search. His letting the dogs out wasn’t consent to the search. “Moreover, under the totality … Continue reading

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E.D.Ark.: There is no such thing as a negligent search and seizure claim

There is no such thing as a negligent search and seizure claim. Rudd v. City of Jonesboro, 2017 U.S. Dist. LEXIS 28682 (E.D.Ark. March 1, 2017). The search of plaintiff’s truck in a garage was reasonable and officers get qualified … Continue reading

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