Circuit authority can be \u201cclearly established law\u201d for qualified immunity. \u201cOn the well-pleaded facts of this case, Walls was not suspected of any crime, posed no immediate threat to the safety of the deputies or others, and made no attempt to actively resist arrest or evade arrest by flight. Chapman violently seized Walls only because Chapman mistakenly thought Walls was videotaping the officers. There was no evidence that Chapman’s actions were compelled by necessity and exigency. Walls was injured in the arrest and then died. Assuming the truth of the facts as pleaded, Chapman violated clearly established law.\u201d Walls v. Sheriff’s Office of Caddo Parish, 2023 U.S. App. LEXIS 32241 (5th Cir. Dec. 6, 2023).*<\/p>\n\n\n\n
There was at least arguable probable cause so defendants get qualified immunity. Watkins v. Session, 2023 U.S. App. LEXIS 32282 (11th Cir. Dec. 7, 2023).*<\/p>\n\n\n\n
Without an affidavit of standing, which counsel said was forthcoming, but it never appeared, a motion to suppress in federal court in the Second Circuit doesn\u2019t even have to be addressed. United States v. Allen, 2023 U.S. Dist. LEXIS 217397 (W.D.N.Y. Nov. 6, 2023).*<\/p>\n\n\n\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
Circuit authority can be \u201cclearly established law\u201d for qualified immunity. \u201cOn the well-pleaded facts of this case, Walls was not suspected of any crime, posed no immediate threat to the safety of the deputies or others, and made no attempt … Continue reading