It was not sufficiently clear that the officers’ actions here in aiding a repossession violated the Fourth Amendment, so they get qualified immunity. “However, there is sufficient daylight between the Officers’ conduct here and the conduct in Cochran and Hensley that those precedents may not ‘apply with obvious clarity to [this] specific conduct.’ Hope, 536 U.S. at 739 (quoting Lanier, 520 U.S. at 271).” The case was back after a GVR in light of Mullenix v. Luna, 136 S. Ct. 305 (2015). Middaugh v. City of Three Rivers, 2017 U.S. App. LEXIS 5640 (6th Cir. March 29, 2017).* (See Treatise § 64.09).
Defendant police officers prevailed in a § 1983 case over a raid on a keg party in 2012. On a motion for new trial, it’s denied. Qualified immunity being a big impediment because it wasn’t clearly established that the officers’ conduct back in 2012 was unreasonable. Holloran v. Duncan, 2017 U.S. Dist. LEXIS 47717 (W.D. Tenn. March 30, 2017).*