The officers do not get qualified immunity in this 1983 case. “Certainly, this was not an ‘obvious case’ where the officers so blatantly violated the Fourth Amendment that recourse to factually analogous case law is unnecessary. Wesby, 138 S. Ct. at 590 (quoting Brosseau, 543 U.S. at 199).” The Fourth Amendment use of force question was “segmented” into two parts, separately analyzed: a push and kneel. Breaking it down like this results in a denial of qualified immunity on this record. Lachance v. Town of Charlton, 2021 U.S. App. LEXIS 6189 (1st Cir. Mar. 3, 2021).
In a civil case with an immunity issue, the state’s failure to reply on Heien for a reasonable mistake of law argument in the intermediate appellate court denied it the opportunity to argue it in the state high court. State v. Rovin, 2021 Md. LEXIS 102 (Mar. 2, 2021).*