Police, The Fourth Amendment, Qualified Immunity

Unfortunate Update On Holland V. City Of Auburn (Alabama)

with one comment

I blogged this case when the district court rendered its decision:  Link

Saddened to learn that when the case was appealed to the Eleventh Circuit, the panel affirmed the district court’s holding of qi:  Link to appellate opinion

Black suspect got arrested for a taxicab robbery based on a defective photo lineup and other flimsy evidence until video proved his alibi.  In my opinion, the police work here was so bad that there should have been civil liability.  There is a lot to dislike in the appellate opinion.  For example, the decision of Judges Marcus, Martin and Julie Carnes to not mention how long the suspect was held in jail before charges were dismissed betrays a distinct lack of empathy.  More subtly, rather than putting the burden on the police to reveal a mysterious association that the police allege existed between the suspect and a cell phone recovered at the scene of the robbery, the court faults the suspect for not knowing how the police thought that the suspect was associated with the cell phone.  Completely unfair to the suspect!

Written by Burgers Allday

October 2, 2016 at 6:25 am

Posted in Uncategorized

One Response

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  1. you’re right about the lack of empathy here. i wish governors and presidents thought about that a bit more when appointing judges. but i think people generally don’t give a shit about people who wind up in jail or prison. if it doesn’t seem like its going to happen to you, or to people close to you, or to people who look like people close to you, you’re not apt to be moved much by their suffering or care much about the injustice of it. maybe we should do something like they do in the story “the lottery” (like hunger games) and randomly pick people to serve time in jail. sorry for the rant.

    Bill O'Brien

    October 3, 2016 at 10:10 am

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