Category Archives: Qualified immunity

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

Posted in Qualified immunity, Reasonable suspicion | Comments Off on D.N.M.: Pocket and backpack search and patdown of 21 students at school for stolen money was with RS so officer gets QI

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):

Posted in § 1983 / Bivens, Franks doctrine, Qualified immunity | Comments Off on CA7: Franks is settled law, and false statements to procure arrest warrant denied qualified immunity

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]:

Posted in § 1983 / Bivens, Excessive force, Qualified immunity | Comments Off on SCOTUS: In QI in excessive force cases, a “clearly established” right needs to be defined with specificity

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

Posted in § 1983 / Bivens, Qualified immunity, Special needs | Comments Off on CA10: Photographing partially undressed child at school for suspected child abuse gets QI

CA1: QI in excessive force shooting case; brief cases of reasonableness weren’t helpful

The grant of qualified immunity to the officer shooting defendant during execution of a warrant was not contrary to clearly established law. Comparing cases that show the use of deadly force was reasonable; however, isn’t helpful where excessive force is … Continue reading

Posted in § 1983 / Bivens, Excessive force, Qualified immunity | Comments Off on CA1: QI in excessive force shooting case; brief cases of reasonableness weren’t helpful

N.D.Ga.: Surreptitiously made recording invalid by Georgia statute is still admissible in federal court

A surreptitiously made recording invalid by Georgia statute is still admissible in federal court. United States v. Kilpatrick, 2018 U.S. Dist. LEXIS 208799 (N.D. Ga. Nov. 1, 2018), adopted, 2018 U.S. Dist. LEXIS 208223 (N.D. Ga. Dec. 10, 2018). At … Continue reading

Posted in Qualified immunity, Reasonableness | Comments Off on N.D.Ga.: Surreptitiously made recording invalid by Georgia statute is still admissible in federal court

CA5: Officers get QI for body cavity search with SW that turned up nothing

Plaintiff’s pat down at the jail after a valid arrest led officers to believe that he had something protruding from his anus. He denied anything was there, and he refused to consent to removing it. Officers got a search warrant … Continue reading

Posted in Body searches, Qualified immunity | Comments Off on CA5: Officers get QI for body cavity search with SW that turned up nothing

QI for probation searches

People For the American Way: Confirmed Judges, Confirmed Fears: Two Trump Circuit Judges Rule that There is No Remedy for a Violation of a Homeowner’s Privacy Rights by Elliot Mincberg discussing this case: CA6: Officer spent 90 minutes at plaintiff’s … Continue reading

Posted in Probation / Parole search, Qualified immunity | Comments Off on QI for probation searches

CA6: Officer spent 90 minutes at plaintiff’s house on the curtilage trying to get him to come out for a probation breath test; that violated 4A but officer gets QI

Plaintiff is a probationer who had a police officer show at his house to get a breath sample per his probation conditions. Despite repeated knocking and use of the police car’s PA system, plaintiff didn’t come to the door and … Continue reading

Posted in Curtilage, Qualified immunity | Comments Off on CA6: Officer spent 90 minutes at plaintiff’s house on the curtilage trying to get him to come out for a probation breath test; that violated 4A but officer gets QI

CA3: Work email subpoena gets QI in § 1983 case; law still evolving. Kerr: Confusing?

A prosecutor and state investigator subpoenaed plaintiff’s work emails from Penn State. They get qualified immunity because there was no clearly established law that the subpoena was invalid. Plaintiff argues the evolving standards of the reasonable expectation of privacy in … Continue reading

Posted in § 1983 / Bivens, E-mail, Qualified immunity, Subpoenas / Nat'l Security Letters | Comments Off on CA3: Work email subpoena gets QI in § 1983 case; law still evolving. Kerr: Confusing?

CA9: Police supervisor’s alleged after-the-fact acquiescence in an alleged illegal search isn’t a § 1983 claim

A police supervisor’s post-hoc alleged acquiescence that he didn’t participate in an alleged illegal search doesn’t state a claim against the supervisor. Hunt v. Davis, 2018 U.S. App. LEXIS 26265 (9th Cir. Sep. 17, 2018). The officers corroborated enough of … Continue reading

Posted in § 1983 / Bivens, Franks doctrine, Informant hearsay, Qualified immunity | Comments Off on CA9: Police supervisor’s alleged after-the-fact acquiescence in an alleged illegal search isn’t a § 1983 claim

techdirt: Qualified Immunity Contradicts Congressional Intent. It’s Time To Kill It Off.

techdirt: Qualified Immunity Contradicts Congressional Intent. It’s Time To Kill It Off. by Tim Cushing:

Posted in Qualified immunity | Comments Off on techdirt: Qualified Immunity Contradicts Congressional Intent. It’s Time To Kill It Off.