holding that detaining father without reasonable suspicion for 45 minutes and preventing him from going to hospital where his unresponsive child was hospitalized violated the father’s right to be free from unreasonable seizures
How later courts described this case
- holding that detaining father without reasonable suspicion for 45 minutes and preventing him from going to hospital where his unresponsive child was hospitalized violated the father’s right to be free from unreasonable seizures
- finding seizure commenced “upon [plaintiff] being told that he was not free to leave”
- discussing two circumstances warranting municipality liability under Monell v. Dep’t of Social Servs., 436 U.S. 658 (1978)
- in assessing whether an officer is entitled to qualified immunity, the officers’ actions “are not to be viewed through the lens of judicial hindsight”
Written by the judges who cited it.
The opinion
JOHN R. GIBSON, Circuit Judge,
dissenting in part.
I respectfully dissent.
While I agree with much of what the court says today, I cannot agree that the officers were entitled to qualified immunity with respect to the detention order, as I conclude that under the circumstances the officers made an unreasonable mistake regarding the legality of their actions.