Category Archives: Qualified immunity

W.D.Mich.: In a prison male group strip search, def female guard doesn’t show QI from how it was done

In a prison group strip search, “Defendant has failed to properly support her motion for summary judgment with relevant evidence showing the existence of a legitimate penological need for the group strip search and why her presence inside the Chapel … Continue reading

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CA6: Franks violation overcomes qualified immunity in § 1983 case

In this § 1983 case, the officer provided false information in the affidavit for the search warrant that was critical to the finding of probable cause. Without that information, there was no probable cause. The district court’s finding that qualified … Continue reading

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NYTimes: Advocates From Left and Right Ask Supreme Court to Revisit Immunity Defense

NYTimes: Advocates From Left and Right Ask Supreme Court to Revisit Immunity Defense by Alan Feuer:

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D.Md.: Officer gets QI for arresting person with same name but it turned out warrant was for far younger woman of different race

Plaintiff was legally blind but owned her car. She was a passenger in the back seat. After the vehicle was stopped, the officer found a warrant for a person with the same name as her. She protested she wasn’t the … Continue reading

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CA5: Mass suspicionless strip search of a class of 6th grade girls was clearly unreasonable with a failure to train on policy that would have prevented it

“During a sixth-grade choir class, an assistant principal allegedly ordered a mass, suspicionless strip search of the underwear of twenty-two preteen girls. All agree the search violated the girls’ constitutional rights under Texas and federal law. Even so, the district … Continue reading

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SD: Electronic signature on a SW application sent in to magistrate is valid as an oath

An electronic signature on a search warrant application is still an oath for an affidavit required under state law, and the motion to suppress was properly denied. State v. Bowers, 2018 SD 50 (June 27, 2018). Juvenile defendant was interrogated … Continue reading

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SCOTUS: Too many facts in dispute to grant QI dismissal on a claim of interference with right to pray after entry into the house; 4A claim revived after being waived

This pro se plaintiff alleged police came into her house for a complaint of her radio being too loud, and she was told to stop praying. The district court dismissed her First and Fourth Amendment claims for failure to state … Continue reading

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CA2: A material witness seized and never presented to a judge stated a claim; and no QI

Plaintiff was held without a hearing as an alleged material witness, but never presented to a court. The district court granted qualified immunity, and the court of appeals reversed. Her rights were clearly established that she was entitled to be … Continue reading

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CA7: In the private search doctrine and QI, it’s not clearly established that the actors knowing each other isn’t enough

“But for purposes of official immunity, the question is whether existing law clearly establishes that a private search is treated as a governmental search when the public and private actors are friends and potential future coworkers.” It does not. There … Continue reading

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CA11: The officer received easily verifiable information that the tattoo on the suspect didn’t match the tattoos of the perpetrator; the arrest was without PC

Before the arrest the officer received easily verifiable exculpatory information from a witness, that the citizen’s single tattoo did not match the multiple tattoos visible on the perpetrator in the crime scene photograph that the officer showed the witness. Despite … Continue reading

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CT: Seeing sawed off shotgun through van window justified opening it up to seize it

The officers here saw a sawed off shotgun through the windows of defendant’s van, and it was not unreasonable to use the key fob to open the door to seize it. State v. Ortiz, 2018 Conn. App. LEXIS 235 (June … Continue reading

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E.D.N.Y.: QI not applied because it does protect those who knowingly violate constitutional rights

Law.com: “Deciding that qualified immunity has evolved to the point where it can protect police officers who intentionally flout constitutional rights, a federal judge in Brooklyn declined to grant it to four police officers who broke into a man’s house … Continue reading

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