Police, The Fourth Amendment, Qualified Immunity

Magistrate Judge Jacquelyn D. Austin writes up a bad Report and Recommendation

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Case: DUNN v. HARRELL, Case No. 7:11-cv-02440-HMH-JDA (D. South Carolina, August 20, 2012)

What happened: Plaintiff was stopped and arrested for “riding close to the white line on Interstate 85,” although plaintiff denies that he committed this violation. Plaintiff’s car was tossed and allegedly damaged by Officer Leslie Harrell and his colleagues. The improper use of a lane charges were eventually dropped. Plaintiff requested the dashcam video, but was refused it by the police. Plaintiff sued pro se.

Decision: QI for Officer Herrell because:

Here, Plaintiff seems to suggest he had not committed a traffic offense and contends Defendant’s actions were the result of profiling. However, Plaintiff has failed to provide any evidence other than his own conclusory statements to demonstrate Defendant lacked probable cause to initiate a traffic stop, and therefore, Plaintiff has failed to demonstrate a genuine issue of material fact as to whether Defendant’s decision to initiate the traffic stop was objectively reasonable.

Comment: Shoddy work by Magistrate Judge Austin. I hope the report is not accepted by her supervisor, HMH.

Written by Burgers Allday

September 15, 2012 at 12:29 pm

Posted in Uncategorized

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