{"id":63283,"date":"2026-02-24T13:02:54","date_gmt":"2026-02-24T18:02:54","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=63283"},"modified":"2026-02-24T13:03:12","modified_gmt":"2026-02-24T18:03:12","slug":"ca7-ptf-has-burden-to-adequately-respond-to-4a-qualified-immunity-claim-by-defense","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=63283","title":{"rendered":"CA7: Ptf has burden to adequately respond to 4A qualified immunity claim when made by defense"},"content":{"rendered":"\n<p>Plaintiff didn\u2019t sufficiently plead a Fourth Amendment violation and overcoming qualified immunity from the officer\u2019s seizing his notebook and perusing it and handing it to another officer. It\u2019s his burden to deal with qualified immunity, and he didn\u2019t adequately respond. <a href=\"https:\/\/media.ca7.uscourts.gov\/cgi-bin\/OpinionsWeb\/processWebInputExternal.pl?Submit=Display&amp;Path=Y2026\/D02-18\/C:24-1733:J:PerCuriam:aut:T:npDp:N:3494684:S:0\">Trover v. Oglesby<\/a>, 2026 U.S. App. LEXIS 5017 (7th Cir. Feb. 18, 2026).<\/p>\n\n\n\n<p>The police dog bite and hold for 30 seconds to extract plaintiff from climbing into an attic was covered by qualified immunity. Plaintiff had assaulted someone, and he was fleeing. Hays v. Adams, 2026 U.S. Dist. LEXIS 34385 (E.D. Wash. Feb. 19, 2026).*<\/p>\n\n\n\n<p>2254 petitioner\u2019s CSLI claim was made and trial occurred all before Carpenter, and the holding was correct on existing law. Stone bars relitigating it. It was correct at the time, and petitioner used the state procedures to challenge it. Ruiz v. Walker, 2026 U.S. Dist. LEXIS 34191 (E.D.N.Y. Feb. 19, 2026).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Plaintiff didn\u2019t sufficiently plead a Fourth Amendment violation and overcoming qualified immunity from the officer\u2019s seizing his notebook and perusing it and handing it to another officer. It\u2019s his burden to deal with qualified immunity, and he didn\u2019t adequately respond. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=63283\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[104,84,52,11,40],"tags":[],"class_list":["post-63283","post","type-post","status-publish","format-standard","hentry","category-burden-of-pleading","category-cell-site-location-information","category-excessive-force","category-good-faith-exception","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63283","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=63283"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63283\/revisions"}],"predecessor-version":[{"id":63285,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63283\/revisions\/63285"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=63283"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=63283"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=63283"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}