finding no Fourth Amendment violation where, inter alia, defendants’ violation of internal policies “[did] not transform [plaintiff’s] claim into one of constitutional dimension”
How later courts described this case
- finding no Fourth Amendment violation where, inter alia, defendants’ violation of internal policies “[did] not transform [plaintiff’s] claim into one of constitutional dimension”
- "Although it is clear that [plaintiff] should never have been incarcerated, there is no evidence that the actions of the individual defendants amounted to more than negligence. As a result, [plaintiff] cannot establish a constitutional violation [under the Fourth Amendment]----”
- plaintiff did not establish a constitutional violation where defendants had access to exonerating information but plaintiff failed to show that the defendants were aware of or should have been aware of the information
Written by the judges who cited it.
The opinion
DENNIS, Circuit Judge,
concurring in the judgment:
I respectfully concur in the judgment. The majority reached the right result in granting qualified immunity to all defendants. I disagree with the majority in that the defendants did violate the Fourth and Fourteenth Amendment rights in several respects as the plaintiff alleges, but I agree with the majority in granting of qualified immunity to all defendants, because those rights were not clearly established at the time of the violations.