{"id":39901,"date":"2019-09-26T01:38:04","date_gmt":"2019-09-26T06:38:04","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39901"},"modified":"2019-09-26T01:38:04","modified_gmt":"2019-09-26T06:38:04","slug":"ca11-ptf-arrested-on-incorrect-computer-entry-had-4a-rights-violated-but-defs-get-qi","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=39901","title":{"rendered":"CA11: Ptf arrested on incorrect computer entry had 4A rights violated, but defs get QI"},"content":{"rendered":"

Plaintiff paid his fine for a speeding ticket and that was to avoid probation. The probation officer was in court and heard all that. Some clerk, however, entered into the computer system that he was on probation. Plaintiff was later arrested for violating probation, and he protested at the jail that he paid his fine and shouldn\u2019t be on probation. A jailer called the probation officer who confirmed and he was released. Plaintiff\u2019s Fourth Amendment rights were violated, but the defendants get qualified immunity for arrest on incorrect information in the system. Washington v. Rivera<\/a>, 2019 U.S. App. LEXIS 28944 (11th Cir. Sept. 25, 2019).<\/p>\n

\u201cThe district court held … that it was not clearly established at the time of the shooting that a police officer could not lawfully use deadly force against an armed individual who (1) had reportedly been firing a shotgun inside a public park, (2) did not react to an approaching officer’s command to drop his weapon, and (3) turned toward the officer while still holding the shotgun in his hands.\u201d This was qualified immunity. Rose v. City of Utica,<\/a> 2019 U.S. App. LEXIS 28932 (2d Cir. Sept. 25, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Plaintiff paid his fine for a speeding ticket and that was to avoid probation. The probation officer was in court and heard all that. Some clerk, however, entered into the computer system that he was on probation. Plaintiff was later … 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":[45,50,40],"tags":[],"class_list":["post-39901","post","type-post","status-publish","format-standard","hentry","category-45","category-arrest-or-entry-on-arrest","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39901","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=39901"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39901\/revisions"}],"predecessor-version":[{"id":39902,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39901\/revisions\/39902"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39901"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39901"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39901"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}