CA4: Reasonable mistaken identity was qualified immunity for three months detention as the wrong guy

“In a case of mistaken identity, Michael Dwayne Durham was charged and jailed in southwest Virginia for more than three months before the prosecutor realized and rectified the error. As a result, Durham initiated this civil action in the Western District of Virginia against, inter alia, officer David L. Horner, alleging a Fourth Amendment claim under 42 U.S.C. § 1983, plus a state law claim for malicious prosecution. The district court awarded summary judgment to Horner on the basis of qualified immunity, and Durham appeals. See Durham v. Horner, No. 2:09-cv-00012 (W.D. Va. Dec. 7, 2010) (the ‘Opinion’). As explained below, we affirm.” Here, there was no showing of malice or ill-will against the plaintiff. Durham v. Horner, 690 F.3d 183 (4th Cir. 2012), affg Durham v. Horner, 759 F. Supp. 2d 810 (W.D. Va. 2010). [Note: Try explaining this to a citizen. It can’t be done. I get a call a week from somebody who wants to sue when charges were dropped or they were acquitted. It takes considerably more than just getting out of it.]