{"id":5745,"date":"2011-12-19T14:11:47","date_gmt":"2011-07-06T07:23:18","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-07-06T07:23:18","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5745","title":{"rendered":"CA4: Dragging woman from shower nude during raid and leaving her nude for 30-45 minutes = no qualified immunity"},"content":{"rendered":"

Officers were denied qualified immunity on plaintiff\u2019s claim that, during a drug raid, they dragged her from the shower nude, and placed her face down on the floor of the house for 30-45 minutes with inappropriate and crude comments about her nudity, including one touching her buttocks. Rettele<\/a> involving two minutes of nudity during a raid is distinguished. She sued for Fourth Amendment unreasonableness, invasion of privacy, and tort of outrage. Hutchinson v. Lemmon<\/a>, 436 Fed. Appx. 210 (4th Cir. 2011):<\/p>\n

Here, the unlawfulness of the individual officers\u2019 conduct was obvious, even before the Supreme Court\u2019s decision in Rettele<\/a>. Accepting Ms. Hutchinson\u2019s version of the events, she was kept naked for a period substantially longer than necessary to secure the home and protect the officers\u2019 safety. There was no valid justification for the prolonged detention of Ms. Hutchinson while naked, especially given the police testimony that a home of that size ordinarily could be secured within four or five minutes. In engaging in this manifestly unlawful behavior, the individual officers could not have \u201creasonably misapprehend[ed] the law,\u201d cf. Brosseau, 543 U.S. at 198, nor can it be said that they made a \u201cbad guess[] in [a] gray area[],\u201d cf. Iko, 535 F.3d at 238.<\/p>\n

Our conclusion is supported further by two cases, each of which was decided before the individual officers\u2019 prolonged detention of Ms. Hutchinson. These cases would have put a reasonable officer on notice that the individual officers\u2019 alleged treatment of Ms. Hutchinson violated a clearly-established constitutional right.\n<\/p><\/blockquote>\n

[Even cops that are jerks can get qualified immunity. At least not here.]<\/p>\n","protected":false},"excerpt":{"rendered":"

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