police4aqi

Police, The Fourth Amendment, Qualified Immunity

Powhatan County, VA Deputy Christine Boczar Found To Have Acted Unreasonably

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Case: MCAFEE v. BOCZAR (E.D.Va. 8-15-2012); Courthouse News Service report here

What happened: Plaintiff was bitten by a dog.  Deputy Boczar requested the address of the dog, and Plaintiff replied that she did not know the address, but could probably find the house again.  Deputy Boczar had the Plaintiff arrested and prosecuted for withholding the location of the dog.

Decision: Court held that it was unreasonable for Deputy Bozcar to believe that Plaintiff was, in fact, withholding the location of the dog.

Moneyquote:

Boczar abused her authority and, in doing so, she violated McAfee’s well-established constitutional right. For that abuse, Boczar should now pay.

Written by Burgers Allday

August 18, 2012 at 12:46 am

Posted in Uncategorized

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