Category Archives: Qualified immunity

Education Week (blog): Justices Decline to Review Case Involving Strip Search of 4-Year-Old at School

Education Week (blog): Justices Decline to Review Case Involving Strip Search of 4-Year-Old at School by Mark Walsh:

Posted in § 1983 / Bivens, Qualified immunity, School searches, Strip search | Comments Off on Education Week (blog): Justices Decline to Review Case Involving Strip Search of 4-Year-Old at School

AR: Claim of misstatement or incorrect fact in SW affidavit doesn’t state Franks claim without allegation it was reckless or intentional

Merely stating that information in the affidavit for search warrant was incorrect doesn’t preserve a Franks challenge without also alleging that it was recklessly or intentionally made. King v. State, 2019 Ark. 114, 2019 Ark. LEXIS 125 (Apr. 18, 2019). … Continue reading

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CA10: QI properly granted in homeowner’s 4A claim against officer executing arrest warrant for another

The district court properly granted qualified immunity to a trailer resident’s Fourth Amendment claims against a deputy sheriff stemming from a search and seizure conducted while executing an arrest warrant for a guest staying in the trailer. The law was … Continue reading

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S.D.Fla.: Younger abstention bars a § 1983 case over the search of plaintiff while the state criminal case is pending

Younger abstention bars a § 1983 case over the search of plaintiff while the state criminal case is pending. Ford v. Brookins, 2019 U.S. Dist. LEXIS 66694 (S.D. Fla. Apr. 19, 2019). Qualified immunity was properly denied based on the … Continue reading

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CA5: QI granted officer who detained business owner for 4 hrs for civil violation

Detaining a business owner for four hours for civil violations and pulling a gun wasn’t clearly established as a Fourth Amendment violation, so the officer gets [away with it by getting] qualified immunity. Okorie v. Crawford, 2019 U.S. App. LEXIS … Continue reading

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S.D.Fla.: Generically describing in an inventory “tools” and “misc items” was constitutionally adequate to show true inventory

Describing a lot of stuff in defendant’s car as “tools” and “misc items” was good enough. “Officer Jas also testified that having the inventory search recorded in his BWC served to verify the accuracy of his paperwork. Having considered Officer … Continue reading

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CA6: Rule against warrantless housing inspection entries clearly established

Defendant police officers were properly granted summary judgment on plaintiffs’ Fourth Amendment claims regarding the validity of the warrants because probable cause supported two of the warrants and the third warrant was not so lacking in indicia of probable cause … Continue reading

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Techdirt: Appeals Court Says It’s OK For Cops To Steal Stuff From Citizens

Techdirt: Appeals Court Says It’s OK For Cops To Steal Stuff From Citizens by Tim Cushing:

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CA1: Police lie about exigency vitiated consent; and there was no qualified immunity

A police lie that conveyed the need to defendant for urgent action to address a pressing threat to person or property vitiated any voluntary consent. Moreover, the officer doesn’t get qualified immunity. Págan-González v. Moreno, 2019 U.S. App. LEXIS 8716 … Continue reading

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CA9: Not well settled law that LEO stealing property during a search is 4A violation, so alleged thief gets qualified immunity

The law is not well settled, thus requiring qualified immunity, that a law enforcement officer’s stealing plaintiff’s property during a search is a violation of the Fourth Amendment. (Apparently something that’s obviously an unreasonable seizure doesn’t matter as long as … Continue reading

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NY2: Jail call here was more prejudicial than relevant and should have been excluded

Admission of defendant’s jail call here was more prejudicial than relevant because it omitted context. The jury was at a loss as to what arrest was being talked about. People v. Robinson, 2019 NY Slip Op 01799, 2019 N.Y. App. … Continue reading

Posted in Administrative search, Prison and jail searches, Qualified immunity | Comments Off on NY2: Jail call here was more prejudicial than relevant and should have been excluded

CA6: No QI for stopping ptf for “flipp[ing] him the bird”

Officer Minard stopped the plaintiff for a minor traffic offense, and he let her off with a warning. Despite the break, she “flipped him the bird,” and the officer blue lighted her again and this time ran into her trying … Continue reading

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