{"id":53380,"date":"2022-10-19T07:18:23","date_gmt":"2022-10-19T12:18:23","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=53380"},"modified":"2022-10-19T07:18:23","modified_gmt":"2022-10-19T12:18:23","slug":"ca7-4%c2%bd-days-to-figure-out-ptf-was-innocent-didnt-violate-4a-or-14a","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=53380","title":{"rendered":"CA7: 4\u00bd days to figure out ptf was innocent didn’t violate 4A or 14A"},"content":{"rendered":"\n

\u201cEli Martinez spent four and a half days in custody while he tried to explain to his jailers that his brother, Hector M. Rodriguez, was the one described in an arrest warrant. After Martinez was released, he sued two probation officers. He argued that they violated his right to due process. But the district court entered summary judgment for the probation officer defendants, concluding that they had investigated Martinez’s claims of innocence and were at most negligent for not figuring things out faster. [\u00b6] We affirm. Although defendants could have improved aspects of their investigation, Martinez has not provided evidence showing that they were deliberately indifferent to his claims of mistaken identity and therefore violated his right to due process.\u201d Martinez v. Santiago<\/a>, 2022 U.S. App. LEXIS 28715 (7th Cir. Oct. 17, 2022).*<\/p>\n\n\n\n

\u201cThe totality of the circumstances present here indicate that the deadly threat posed by Allen could have transformed into deadly action in a split second. The Fourth Amendment does not require an officer to make that gamble. See Thornton v. City of Columbus, 727 F. App’x 829, 837-38 (6th Cir. 2018). Thus, Huff’s use of deadly force was reasonable, his actions did not violate Francis’ Fourth Amendment rights, and Huff is entitled to qualified immunity.\u201d Francis v. Huff<\/a>, 2022 U.S. App. LEXIS 28595 (6th Cir. Oct. 14, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cEli Martinez spent four and a half days in custody while he tried to explain to his jailers that his brother, Hector M. Rodriguez, was the one described in an arrest warrant. After Martinez was released, he sued two probation … 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":[45,50,52,40],"tags":[],"class_list":["post-53380","post","type-post","status-publish","format-standard","hentry","category-45","category-arrest-or-entry-on-arrest","category-excessive-force","category-qualified-immunity"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53380","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=53380"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53380\/revisions"}],"predecessor-version":[{"id":53381,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53380\/revisions\/53381"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=53380"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=53380"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=53380"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}