{"id":44217,"date":"2020-06-20T08:51:10","date_gmt":"2020-06-20T13:51:10","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=44217"},"modified":"2020-06-20T09:19:26","modified_gmt":"2020-06-20T14:19:26","slug":"ca11-detaining-in-handcuffs-for-two-hours-an-innocent-person-at-scene-of-doesnt-state-a-claim","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=44217","title":{"rendered":"CA11: Detaining an innocent person in handcuffs for two hours at scene of SW doesn’t state a claim"},"content":{"rendered":"\n

Officers executing a search warrant detained an innocent person in handcuffs for two hours, and that doesn\u2019t state a claim. Also, just being at the warrant execution meeting before the officers went to the scene doesn\u2019t make all those officers involved in unconstitutional conduct. Hooks v. Brewer<\/a>, 2020 U.S. App. LEXIS 19194 (11th Cir. June 19, 2020) (2-1):<\/p>\n\n\n\n\n\n\n\n

JORDAN, Circuit Judge, concurring in part and dissenting in part.<\/p>

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.<\/p>

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.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

Officers executing a search warrant detained an innocent person in handcuffs for two hours, and that doesn\u2019t state a claim. Also, just being at the warrant execution meeting before the officers went to the scene doesn\u2019t make all those officers … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[52,40,69],"tags":[],"class_list":["post-44217","post","type-post","status-publish","format-standard","hentry","category-excessive-force","category-qualified-immunity","category-seizure"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44217","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=44217"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44217\/revisions"}],"predecessor-version":[{"id":44219,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44217\/revisions\/44219"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=44217"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=44217"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=44217"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}