Police, The Fourth Amendment, Qualified Immunity

KAUFMAN v. HIGGS, No. 11-1390 (Tenth Circuit, October 23, 2012)

with one comment


Much needed reversal of a bad district court decision giving the policemen involved (Jonathan Higgs, Richard P. Milner, and Scott Liska) qi. In this case, plaintiff, an attorney, refused to answer questions about a hit and run accident he had witnessed, so the policemen proceeded to arrest plaintiff for obstruction. Thankfully, the appellate court here understood that refusal to talk is not a form of obstruction, and that the policeman were unreasonable for arresting plaintiff for refusing to talk to them about the hit and run.

Written by Burgers Allday

November 4, 2012 at 7:41 am

Posted in Uncategorized

One Response

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  1. I really wondered how this one made it as far as the appellate court. Seemed like an obvious bad arrest to me.

    Evil Robot

    November 5, 2012 at 5:10 pm

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