Police, The Fourth Amendment, Qualified Immunity

The case of the drunken dental appliance maker

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Case: James v. City of Boise, Idaho: Supreme Court 2015

What happened: A dental appliance maker (the plaintiff in this civil suit) got kind of drunk when she was working on a denture and accidentally locked herself out of her sublet workspace. She broke a window to get back to her keys and workspace and resumed her work on the denture and on her 24 ounce can of Steel reserve malt liquor. As she was re-entering, a concerned neighbor spoke with her briefly and then called police. The police came out and saw her working on the denture and drinking the malt liquor through a window. When she went to the bathroom, the police entered the building with a K-9 unit. After the dental appliance maker did not respond to the police warnings that they would loose a police dog and it would bite, the police loosed the k-9 and it found the dental appliance maker on the toilet and bit her. The dental appliance maker sued.

Opinion: Whether or not loosing the k-9 was excessive force, QI protects the police in this civil suit.

Comment: This is not a particularly interesting case from a legal standpoint (although the concurrence is kind of interesting), but I recommend reading it for the off-beat facts. Seems like something out of a movie.

Written by Burgers Allday

May 26, 2015 at 10:12 am

Posted in Uncategorized

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