Holding: The Court of Appeals held that the deputy alleged use of force, in pointing his gun at arrestee and threatening to kill him if he did not surrender, was excessive, but arrestee’s right not to have a gun pointed at him under the circumstances was not clearly established.
Tag: Fourth Amendment
Stanfield v. City of Lima, Fed. Appx. (6th Cir. 2018)
Holding: The Court of Appeals Sixth Circuit Judge held that the police officer’s act of performing a “takedown” of arrestee was objectively unreasonable, and thus violated arrestee’s constitutional rights. However, the police officer was entitled to qualified immunity on arrestee’s excessive force claim.
Sims v. Labowitz, 877 F.3d 171 (4th Cir. 2017)
Holding: The Fourth Circuit Court of Appeals held that the suspect sufficiently pled that sexually invasive search was unreasonable and that the right to be free from unreasonable sexually invasive search was clearly established; but visual display of suspect’s genitalia was not intended to elicit sexual response in viewer, as required for suspect to recover damages as victim of offense of child pornography.
Scott v. City of Albuquerque, 711 Fed. Appx. 871 (10th Cir. 2017)
Holding: Where a special education middle school student, who had permission to leave the classroom if he was anxious or distracted, was arrested for skipping class, the officer was entitled to qualified immunity in a 1983 Fourth Amendment unlawful arrest claim because even though the officer lacked probable cause to arrest, there was no clearly established law at that time that would have given the officer notice that the arrest was unlawful.
Pauly v. White, 814 F.3d 1060 (10th Cir. 2016)
Holding: The Court of Appeals held that summary judgment in favor of non-shooting officers on qualified immunity grounds was not warranted and that summary judgment in favor of shooting officer on qualified immunity grounds was not warranted.
Lincoln v. Turner, 874 F.3d 833 (5th Cir. 2017)
Holding: Although Plaintiff adequately alleged claims under Fourth Amendment for unreasonable seizure and excessive force, detaining officer was entitled to qualified immunity because it was not clearly established that officer needed probable cause to detain plaintiff or that force used in plaintiff’s particular situation was clearly unreasonable.
Harte v. Board of Commissioners, 864 F.3d 1154 (10th Cir. 2017)
Holding: The Court of Appeals held that the deputies’ SWAT-style raid constituted unlawful seizure and violated the Fourth Amendment but that the deputies did not violate clearly established law regarding excessive force to execute a search warrant and were, therefore, entitled to qualified immunity.
Demaree v. Pederson, 887 F.3d 870 (9th Cir. 2018)
Holding: The Ninth Circuit Court of Appeals held that the social workers violated the right of parents and children to live together without governmental interference by taking children away from home without judicial authorization or emergency and that sealing summary judgment order granting qualified immunity to social workers was not warranted.
Allah v. Milling, 876 F.3d 48 (2nd Cir. 2017)
Holding: The Court of Appeals held that prison officials’ assignment of pretrial detainee, Almighty Supreme Born Allah, to administrative segregation violated his substantive due process rights and that the prison officials were entitled to qualified immunity.
Latits v. Phillips, 878 F.3d 541 (6th Cir. 2017)
Holding: Police officer’s use of deadly force on fleeing suspect was objectively unreasonable and violated the Fourth Amendment, but case law was not clearly established, so police officer is entitled to qualified immunity.