CA5: Search of wrong house by inadequate investigation means no QI

It was clearly established that search of the wrong house because of inadequate investigation violated the Fourth Amendment. Gerhart v. Barnes, 2018 U.S. App. LEXIS 10626 (5th Cir. Apr. 26, 2018), prior opinion Gerhart v. McLendon, 2017 U.S. App. LEXIS 21152 (5th Cir. Oct. 25, 2017) (posted here):

For the reasons explained above, and consistent with this court’s holding in McLendon, it was clearly established at the time of the alleged unlawful entry here that “an officer must make reasonable, non-feeble efforts to correctly identify the target of a search-even if those efforts prove unsuccessful.” McLendon, 714 F. App’x at 334. On the record before us, based on our limited standard of review at this interlocutory stage, we conclude that Barnes and McAlpin are not entitled to summary judgment based on qualified immunity on the unlawful-entry claim as a matter of law.

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