Plaintiff has the burden of pleading well established law was violated by defendants’ conduct. Here, the law was “murky” on whether the actions of the plaintiff was probable cause. Thus, the officers get qualified immunity. Burgan v. Nixon, 2017 U.S. App. LEXIS 20683 (9th Cir. Oct. 20, 2017).
“Because the suppression court concluded that Kurtz consented to the blood draw after being informed that he faced enhanced criminal penalties for refusal, the court did not err in finding that his consent was involuntary under the circumstances. See Ennels, 167 A.3d at 724.” Commonwealth v. Kurtz, 2017 PA Super 336, 2017 Pa. Super. LEXIS 845 (Oct. 23, 2017).*