Police, The Fourth Amendment, Qualified Immunity

District Court reversed in Alexander v. Round Rock!

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I posted at length, criticizing the Magistrate Judge Mark Lane’s opinion and decisions in Alexander v. Round Rock.

Happily, the Fifth Circuit has now reversed most of those decisions on appeal, including the decision on “reasonable suspicion,” which was a primary focus of my earlier criticisms of Magistrate Judge Lane’s opinion.

Looking back at my blog entry on the district court case, I owe an apology to plaintiff’s counsel because I accused plaintiff’s counsel of not raising retaliation claims.  The appellate court opinion makes it clear that those issues were raised and preserved for appeal.  Sadly, the appellate court gave the popo qualified immunity on the retaliation claims.  Here is a post at the Volokh Conspiracy blog criticizing the award of qi on the 5A retaliation claim.  I also believe that qi was inappropriate on the 1A retaliation claim because police should be considered to be on notice that retaliation for an exercise of free speech always was, is, and hopefully always will be unConstitiutonal.  Given that notice, I believe that there should be no qualified immunity available on 1A retaliation claims and categorically so, by the very logic of the immunity itself.

Written by Burgers Allday

April 23, 2017 at 8:09 am

Posted in Uncategorized

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