Category Archives: Qualified immunity

Cert.granted: District of Columbia v. Wesby on qualified immunity

Cert.granted: District of Columbia v. Wesby, 15-1485 (Jan. 19, 2017). Issues: (1) Whether police officers who found late-night partiers inside a vacant home belonging to someone else had probable cause to arrest the partiers for trespassing under the Fourth Amendment, … Continue reading

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CA11: Arguable probable cause entitles the officer to qualified immunity, here for a mental health seizure

Arguable probable cause entitles the officer to qualified immunity, here for a mental health seizure. May v. City of Nahunta, 2016 U.S. App. LEXIS 20501 (11th Cir. Nov. 15, 2016), same result on rehearing, May v. City of Nahunta, 2017 … Continue reading

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New law review article: Is Qualified Immunity Unlawful?

William Baude, Is Qualified Immunity Unlawful?. Abstract:

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CA6: Factual disputes deny appellate jurisdiction for excessive force qualified immunity appeal

There were disputes of fact on plaintiff’s excessive force claim that deprived this court of appellate jurisdiction over it. Harmon v. Hamilton County, 2017 U.S. App. LEXIS 497 (6th Cir. Jan. 9, 2017)*:

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D.Md.: Extended border search from customs at JFK to locked warehouse in Maryland

The extended border search doctrine applied to a package shipped from China through customs at JFK and then to a warehouse in Bowie, Maryland. It was under lock and key, even on the truck, from customs to the warehouse where … Continue reading

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CA8: Visitor at apt complex can’t claim standing in parking lot as alleged curtilage

Defendant didn’t have standing to claim that police entry into an apartment building’s parking lot was entry onto the curtilage because he didn’t live there. [It’s not curtilage anyway.] A cousin did, and he was an occasional visitor. Officers shining … Continue reading

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AK: Reconsideration of finding of no PC granted; def never really put lack of PC in issue

At issue was a seizure and then warranted search of defendant’s cell phone looking for an incriminating text message that was already seen by the police on the recipient’s cell phone. At the hearing, the Superior Court granted a motion … Continue reading

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CA6: Shooting dogs during drug raid was a seizure, but here it was reasonable

Officers executing a high risk warrant on plaintiff’s house shot and killed two pit bulls, one of which was standing in a corner of the basement not yet attacking. The warrant was considered high risk because the target of the … Continue reading

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CA7: Arrest for disorderly conduct was clearly without PC, so officers get no qualified immunity

Officers have no qualified immunity for an arrest for disorderly conduct that was obviously without probable cause, and no reasonable officer could have concluded otherwise. Catledge v. City of Chicago, 2016 U.S. App. LEXIS 22118 (7th Cir. Dec. 13, 2016):

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CA9 (en banc): Where exigency for CPS worker to take child wasn’t really clear at time, she gets qualified immunity

At the time of this seizure of an infant from the parents in 2008, it was clearly established that child protection workers could not remove children from the parents without a warrant or exigency, but not something like these facts … Continue reading

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