Cause of action for illegal pretrial detention based on fabricated evidence accrued when plaintiff was released on bond; court characterizes claim as one under Fourth Amendment rather than Fourteenth Amendment and thus distinguishes McDonough v. Smith, 139 S.Ct. 2149 (2019); bond conditions that he appear in court and requirement that he request permission before leaving state did not constitute a seizure under the Fourth Amendment.
Relying on Caniglia, court holds that trooper who entered home without a warrant with estranged wife of son of homeowner to gather her things, over objection of homeowner, committed an unlawful entry; trooper denied qualified immunity although actions predated Caniglia, because previous 6th Circuit law held community caretaking exception to warrant requirement could not be applied except “when delay is reasonably likely to result in injury or ongoing harm to the community at large.
Court rejects notion that community caretaking functions of police create a standalone doctrine that justifies warrantless searches and seizures in the home; reverses summary judgment in favor of officers who entered plaintiff’s home without a warrant after he agreed to go to a hospital for a psychiatric evaluation and seized his firearms believing him to be suicidal; opinion distinguishes situation in which exigent circumstances require entry to render emergency assistance to injured occupant or protect occupant from imminent injury; concurrences note other situations where entry may be ne
Denial of motion for preliminary injunction reversed because plaintiffs were likely to succeed on merits of Fourth Amendment claim based on aerial surveillance program in which multiple planes flew orbits over city photographing 32 square miles per image per second, obtaining an estimated twelve hours of coverage of around 90% of the city each day, in effect tracking every movement of every person outside in the city, allowing identification of individuals through analysis of points on their location history; action was not moot, although program was discontinued.
Affirming denial of punitive damages where plaintiff received nominal damages for arrest for yelling “fuck you” to officer who was performing traffic stop on vehicle with children in car, where trooper believed plaintiff had committed disorderly conduct and was concerned about children’s reaction to it.
In disgusting opinion, court affords qualified immunity to sole officer on duty at jail who observed prisoner, who had said he wanted to kill himself, had previously received psychiatric services, and who had earlier been placed on suicide watch, fatally strangle himself with phone cord in his cell; officer called fellow officer for backup and declined to enter cell for ten minutes until second officer arrived; neither officer attempted resuscitation and waited seven more minutes for paramedics to do so; court holds it was unconstitutional for officer not to call for emergency assistance im
Plaintiffs arrested for engaging in organized criminal activity properly alleged Franks violation where after excluding materially false statements from affidavit and considering material omitted, all that remained was that they were at the scene of a shooting wearing common identifying distinct signs or symbols.
Officers who responded differently to domestic violence complaints by woman whose assailant was police officer than they responded to similar complaints against non-police assailants, without rational basis for disparate treatment, violated equal protection rights; no qualified immunity.
Cause of action for illegal pretrial detention based on fabricated evidence accrued when plaintiff was released on bond; court characterizes claim as one under Fourth Amendment rather than Fourteenth Amendment and thus distinguishes McDonough v. Smith, 139 S.Ct. 2149 (2019); bond conditions that he appear in court and requirement that he request permission before leaving state did not constitute a seizure under the Fourth Amendment.
Right of suspect in domestic disturbance to be free from deadly force was clearly established where he did not present imminent threat of death or serious injury at time of shooting, even where officer felt attacked earlier and even if he believed suspect had previously posed a threat.