Category Archives: Qualified immunity

GA: 536 day delay in getting SW for cell phone was unreasonable

Defendant’s cell phone was lawfully seized but apparently forgotten about. In preparation of the case, an assistant prosecutor found out about it and sought a search warrant, 536 days after seizure. The delay was unreasonable, and the phone’s contents are … Continue reading

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CA8: Arguable probable cause for arrest gives QI

“The totality of the circumstances at the time of the arrest, as described above, were sufficient for Svajgl to believe that Nader had committed or was committing the offense of possessing child pornography.” Arguable probable cause is all that’s required … Continue reading

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CA6: Knock-and-talk on curtilage was permitted

Officers came to plaintiff’s home for a knock-and-talk, and he went out the back with a gun in hand. One officer pursued him, and he ended up racking and pointing the gun and getting shot. The officers get qualified immunity … Continue reading

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CA11: § 1983 malicious prosecution claim defeated by PC even though exonerating information omitted from arrest affidavit

Plaintiff police officers’ false arrest claim fails on qualified immunity. Even though allegedly exonerating information was omitted from the arrest affidavits, and the criminal case was dropped by the state’s attorney, it wasn’t enough to undermine the probable cause that … Continue reading

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CA6: Officers who went to hospital room get QI on whether there was a REP in the shared room

Officers who visited plaintiff in his hospital room he shared with another were sued for allegedly violating his reasonable expectation of privacy. There is no clear controlling authority, and the officers get qualified immunity [and the issue goes undecided]. Bonds … Continue reading

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CA7: QI barred § 1983 over forced prison blood draw

Plaintiff is an inmate in prison who was ordered to give a blood test when prison officials decided he wasn’t acting right and might be high. His suit over the prison’s forced blood draw is barred by qualified immunity. Holm … Continue reading

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CA2: Def parole officer gets QI on whether 4A or NY case law applies to parole search

Plaintiff was subjected to a parole search, and he contended New York law applied rather than Samson et al. The officer gets qualified immunity on the question because it appears Samson should but we don’t even need to resolve it. … Continue reading

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CA3: Cabin search of cruise ship at border non-routine, but QI granted here

This is a suit over a 2008 search at USVI port of the plaintiff’s cabin on the Adventure of the Seas cruise ship. Plaintiff was in the Treasury Enforcement Communications System (TECS), a CBP database for intel, from prior travels … Continue reading

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D.N.M.: Pocket and backpack search and patdown of 21 students at school for stolen money was with RS so officer gets QI

A school security officer gets qualified immunity for a patdown search of 21 students in a class for allegedly stolen money because there was reasonable suspicion as to all 21. Woods v. Rio Rancho Pub. Schs, 2019 U.S. Dist. LEXIS … Continue reading

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CA7: Franks is settled law, and false statements to procure arrest warrant denied qualified immunity

Plaintiff stated a Franks claim that his arrest warrant was based on false evidence and omitted exculpatory evidence. The officer is denied qualified immunity. Rainsberger v. Benner, 17 2521 (7th Cir. Jan. 15, 2019):

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SCOTUS: In QI in excessive force cases, a “clearly established” right needs to be defined with specificity

In confronting qualified immunity in excessive force cases, a “clearly established” right needs to be defined with specificity. City of Escondido v. Emmons, 17-1660 (U.S. Jan. 7, 2019) (per curiam) [pdf at 27]:

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CA10: Photographing partially undressed child at school for suspected child abuse gets QI

A state case worker who photographed a partially unclothed child at school gets qualified immunity for a special needs search of the child. No SCOTUS or circuit case says that the special needs doctrine does or does not apply here. … Continue reading

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