CA8: Due process right to informational privacy not clearly established

Surveying SCOTUS cases, the court concludes that a due process right to informational privacy is not clearly established. Therefore, the motion to dismiss is granted. “Under Reichle, therefore, the uncertain status of the right to informational privacy means that Defendants are entitled to qualified immunity. If a right does not clearly exist, it cannot be clearly established.” “Like informational privacy, qualified immunity is a textually invisible right. “Dillard v. O’Kelley, 2020 U.S. App. LEXIS 18697 (8th Cir. June 15, 2020) (en banc).

Calling for a drug dog after finding out that defendant had no proof of insurance and excessive nervousness where the dog arrived shortly after being called wasn’t unreasonable. State v. Coleman, 2020 La. App. LEXIS 897 (La. App. 1 Cir. June 12, 2020).*

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