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