Police, The Fourth Amendment, Qualified Immunity

Heightened pleading standard of Iqbal squelches lawsuit based on arrest under withdrawn warrant

with one comment

Police likely have computer records to show whether they should have known that a bench warrant had been withdrawn when they arrested plaintiff.  Unfortunately, plaintiff can’t get these records through discovery because his lawsuit was dismissed by Judge Dlott for failure to come forward with this computer record evidence in the initial complaint pursuant to the pleading standards of Iqbal.

Case:  Fairbanks v. City of Trenton, Dist. Court, SD Ohio 2016 (see, especially, footnote 3)

Comment:  Doesn’t seem real fair to me.  Then again, I don’t think there is any excuse for arresting on a withdrawn warrant in this computerized day and age.

Written by Burgers Allday

January 12, 2016 at 9:58 pm

Posted in Uncategorized

One Response

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  1. You smell like cabbage. And old people.

    Barney Fife

    January 29, 2016 at 2:06 pm

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