CA11: Further detaining plaintiff at jail after she made bond on a hunch she was not legally in the U.S. denied QI

“The evidence, interpreted in the light most favorable to Alcocer, is sufficient for a reasonable jury to conclude that Mills violated Alcocer’s Fourth Amendment rights by continuing to detain her without new probable cause after her attempted posting of bond before 6:00 p.m. on January 30, 2014. See O’Rourke, 378 F.3d at 1206. To rule otherwise on this record would raise real concerns about the continued unlawful detention of U.S. citizens based on legally inapplicable, groundless immigration hunches unsupported by even arguable probable cause. Mills’s actions and inactions constituted a violation of Alcocer’s clearly established Fourth Amendment right to be free from unreasonable seizure. Therefore, Mills is not entitled to qualified immunity.” Alcocer v. Mills, 2020 U.S. App. LEXIS 5132 (11th Cir. Feb. 20, 2020). See Bloomberg Law: Jailer Who Held U.S. Citizen Over Legal Status Must Face Suit by Bernie Pazanowski (“A civil rights suit may proceed against a jailer who continued to hold a U.S. citizen in custody under the erroneous belief she was in the county illegally, the Eleventh Circuit said. The applicable Fourth Amendment law was established at the time and a reasonable jailer in Ashley Mills’s position wouldn’t have kept Judith Alcocer in custody, the unpublished per curiam opinion said.”)