CA6: No QI for 3 strip searches a day for inmate in segregation

Plaintiff’s prison warden denied qualified immunity for ordering three strip searches a day on plaintiff when he was in segregation. Fugate v. Erdos, 2022 U.S. App. LEXIS 23208 (6th Cir. Aug. 18, 2022).

“The defendant officers were attempting to locate a child sexual abuse suspect when they came across Brad Grant, a person unrelated to the investigation, at a property where the officers expected to find the suspect. The officers, Officers Wilson and Frederick, conducted a warrantless entry and search of the home, and the officers encountered Grant as he was experiencing a mental health crisis and threatening himself with a shotgun. Officer Frederick shot and killed Grant. Grant’s estate sued under 42 U.S.C. § 1983, alleging Fourth Amendment violations from the unlawful entry of the home and the use of excessive force. As the district court concluded, the officers are not entitled to qualified immunity on the unlawful entry and search claim, but they are entitled to qualified immunity on the excessive force claim based on the lack of violation of clearly established law.” Grant v. Wilson, 2022 U.S. App. LEXIS 23207 (6th Cir. Aug. 18, 2022).*

Defendant’s Fourth Amendment appellate issues weren’t preserved after his guilty plea. United States v. Moralez, 2022 U.S. App. LEXIS 23211 (6th Cir. Aug. 18, 2022).*

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