{"id":51950,"date":"2022-03-30T00:00:00","date_gmt":"2022-03-30T05:00:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=51950"},"modified":"2022-03-30T08:29:12","modified_gmt":"2022-03-30T13:29:12","slug":"a-few-%c2%a7-1983-cases-on-qi-and-summary-judgment","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=51950","title":{"rendered":"A few \u00a7 1983 cases on QI and summary judgment"},"content":{"rendered":"\n

Ordering plaintiff out of the Sheriff\u2019s Office lobby for fear of disruption was novel as a potential seizure and that\u2019s subject to qualified immunity. \u201cSheriff Crone’s conduct in ordering Mr. Brandt to leave the lobby due to a perceived disruption of office operations appears to present a novel Fourth Amendment issue, or at least one that is not beyond debate. Sheriff Crone is therefore entitled to qualified immunity on Mr. Brandt’s Fourth Amendment claim.\u201d Brandt v. Crone<\/a>, 2022 U.S. App. LEXIS 8104 (10th Cir. Mar. 28, 2022).<\/p>\n\n\n\n

Factual disputes underlying qualified immunity bar summary judgment for the defense and appellate jurisdiction. Bayon v. Berkebile<\/a>, 2022 U.S. App. LEXIS 8011 (7th Cir. Mar. 28, 2022).*<\/p>\n\n\n\n

A use of force in school against an unruly student with behavioral disorders stated a claim, The assertion of qualified immunity here falls short. Discovery will proceed. Medina v. Izquierdo, 2022 U.S. Dist. LEXIS 55263 (N.D.Ill. Mar. 28, 2022).*<\/p>\n\n\n\n

\u201cThe district court properly granted summary judgment because Sandoval failed to raise a genuine dispute of material fact as to whether Melvin’s use of force was unreasonable in light of the facts and circumstances.\u201d Sandoval v. Melvin<\/a>, 2022 U.S. App. LEXIS 8095 (9th Cir. Mar. 24, 2022).*<\/p>\n\n\n\n

In this excessive force case: \u201cBased on the video evidence, no reasonable jury could believe Gasser’s versions of the events. Scott, 550 U.S. at 380 (;When opposing parties tell two different stories, one of which is blatantly contradicted by the record, so that no reasonable jury could believe it, a court should not adopt that version of the facts for purposes of ruling on a motion for summary judgment.\u2019). Therefore, we are left with the video recording’s version of the incident and Gasser’s admission that she did not comply when Officer Gainer told her to sit down.\u201d Gasser v. Vill. of Pleasant Prairie<\/a>, 2022 U.S. App. LEXIS 8015 (7th Cir. Mar. 28, 2022).*<\/p>\n\n\n\n

Violation of prison policy is not per se a constitutional violation. The use of force in prison here was not unreasonable. Hamel v. Williams, 2022 U.S. Dist. LEXIS 56155 (E.D.Ark. Mar. 7, 2022).*<\/p>\n\n\n\n

\u201cThe district court properly dismissed Coryellbattle’s Fourth Amendment claims for false arrest, false imprisonment, and malicious prosecution because probable cause existed to arrest Coryellbattle under Arizona [law]. Likewise, the existence of probable cause defeats Coryellbattle’s First Amendment claim.\u201d Coryellbattle v. City of Maricopa<\/a>, 2022 U.S. App. LEXIS 8212 (9th Cir. Mar. 24, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Ordering plaintiff out of the Sheriff\u2019s Office lobby for fear of disruption was novel as a potential seizure and that\u2019s subject to qualified immunity. \u201cSheriff Crone’s conduct in ordering Mr. Brandt to leave the lobby due to a perceived disruption … 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],"tags":[],"class_list":["post-51950","post","type-post","status-publish","format-standard","hentry","category-excessive-force","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51950","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=51950"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51950\/revisions"}],"predecessor-version":[{"id":51954,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51950\/revisions\/51954"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=51950"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=51950"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=51950"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}