police4aqi

Police, The Fourth Amendment, Qualified Immunity

E.D. Kentucky Judge David L. Bunning allows arrest based on false and unsubstantiated word of 7 year old witness

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Case: WESLEY v. RIGNEY, Civil Action No. 10-51-DLB-JGW (E.D.Ky. December 18, 2012)

What happened: An elementary school counselor was counseling a deeply troubled 7 year old child. The child eventually accused the counselor of sever sexual assaults occurring. It strongly appears that these accusations were false. The policewoman investigating: (i) could not find any evidence corroborating the troubled 7 year old; (ii) refused to interview the accused counselor; (iii) tried and failed to find medical evidence of the sexual assaults; and (iv) did not interview those in proximity to the counselor when the alleged assaults occurred. The Defendant policewoman did get a warrant, although she did not mention the seven year old’s ongoing psychological troubles in the warrant application.

Decision: Defendant (Covington police officer Joanne Rigney) gets qi on the 4a claims. The court held that the allegations of the 7 year old, regardless of how psychologically troubled and regardless of the young age, amounted to automatic probable cause that required no further investigation on the policewoman’s part.

Written by Burgers Allday

January 2, 2013 at 3:58 am

Posted in Uncategorized

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