CA11: Detaining an innocent person in handcuffs for two hours at scene of SW doesn’t state a claim

Officers executing a search warrant detained an innocent person in handcuffs for two hours, and that doesn’t state a claim. Also, just being at the warrant execution meeting before the officers went to the scene doesn’t make all those officers involved in unconstitutional conduct. Hooks v. Brewer, 2020 U.S. App. LEXIS 19194 (11th Cir. June 19, 2020) (2-1):

JORDAN, Circuit Judge, concurring in part and dissenting in part.

For the reasons stated in the majority opinion and in the district court’s order, I agree that Officer Brewer is not entitled to qualified immunity on the unreasonable search claim. I also agree that Sheriff Harrell should not be held liable in his supervisory capacity on any claim, and that Ms. Hooks is entitled to pursue punitive damages.

I part ways, however, with the majority’s holding that the two-hour detention of Ms. Hooks in cuffs following the shooting of her husband did not violate clearly established law. This detention of an innocent person-without probable cause, without a contemporaneous execution of a valid search warrant, and without exigent circumstances-is a clear Fourth Amendment violation far outside any narrow exception permitted by Supreme Court precedent. With respect, I dissent from the grant of qualified immunity to Officer Vertin and Sheriff Harrell on Ms. Hooks’ detention claim.

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