Police, The Fourth Amendment, Qualified Immunity

Seniors win again!

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I recently reported on Martinez v. Mares here.

After their loss on their summary judgement (sj) motion, the policemen tried to do an interlocutory appeal. The District Court not only denied appeal, but went further and found the motion for appeal “frivolous,” noting the age of the plaintiffs:

Accordingly, the Court finds that Plaintiffs’ motion to certify Defendants’ appeal as frivolous has merit. Plaintiff and his wife are 77 and 80 years old, respectively, have significant health concerns not untypical for individuals of their age and, therefore, should not be subjected to further delay in the litigation of this case in district court. As the old adage goes, “justice delayed is justice denied.”

New opinion is here.

Written by Burgers Allday

September 28, 2014 at 3:17 pm

Posted in Uncategorized

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