CA9: Officer who drafted clearly overbroad SW doesn’t get qualified immunity just because a judge signed off on it

The officer who drafted a clearly overbroad warrant that a judge approved that sought diaries and other papers wasn’t entitled to qualified immunity. Estate of Brown v. Lambert, 2019 U.S. App. LEXIS 22087 (9th Cir. July 24, 2019).

Plaintiff’s decedent was given a ride to the county line and dumped to walk at night. They call it “vagrant dumping.” He was hit by a car and killed. They sued. The seizure for vagrant dumping was clearly established by Supreme Court precedent that he was seized and removed without probable cause, and they get no qualified immunity on the Fourth Amendment claim. Keller v. Fleming, 2019 U.S. App. LEXIS 21946 (5th Cir. July 23, 2019).*

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