finding that under relevant legal principles, defendants’ actions did not amount to a Fourth Amendment seizure of plaintiffs such that no violation of a clearly established right occurred; Judge Greenberg would have ended qualified immunity analysis at that stage of the inquiry
How later courts described this case
- finding that under relevant legal principles, defendants’ actions did not amount to a Fourth Amendment seizure of plaintiffs such that no violation of a clearly established right occurred; Judge Greenberg would have ended qualified immunity analysis at that stage of the inquiry
- granting qualified immunity to police where fire used to smoke out barricaded group after gun' battle, because it could not conclude that “in the light of pre-existing law the unlawfulness of either dropping the explosive or letting the fire burn should have been apparent” (quotation omitted)
- noting that the relevant inquiry in that case was whether plaintiff possessed a clearly established constitutional right to be free from the actions undertaken by defendants to extract plaintiffs from MOVE. compound under the circumstances .that existed on May 13, 1985
- holding that use of incendiary devices against house was seizure, as it was use of "force with the aim of gaining entry into the house or forcing the occupants out"
Written by the judges who cited it.
The opinion
SUR PETITION FOR REHEARING
April 3, 1995
Before:' SLOVITER, Chief Judge, and BECKER, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS, McKEE, and SAROKIN, Circuit Judges.
The petition for rehearing filed by the appellant-appellee, Louise James, in the above captioned matter having been submitted to the judges who participated in the decision of this court and to all the other available circuit judges of the court in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied. Judge Lewis and Judge McKee would grant rehearing by the c'ourt in banc.