(Credit: Skyward Kick Productions/Shutterstock.com) Procedural Error Leads to Client's Loss of Qualified Immunity
"The search went beyond mere observation," wrote Judge Steven D. Grimberg of the U.S. District Court for the Northern District of Georgia. "[The plaintiff] alleges [the defendant] made a sound indicating that he [defendant] was aroused by the search, and the evidence creates a dispute of material fact concerning whether there was any justification, like preventing misconduct, for the additional search."
July 19, 2022 at 12:59 PM
4 minute read
News
Being incarcerated doesn't strip inmates of their constitutional rights. That's the message a U.S. District Court for the Northern District of Georgia ruling is sending after the court denied summary judgment to a jail employee accused of violating inmates' Fourth Amendment rights to protection from unreasonable searches.
The court also hinged its denial of the defendant's qualified immunity defense on a procedural mistake that serves as a wakeup call for lawyers to vet their motions before filing.
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