Opinion

Amy Young v. Gary S. Borders

  • 850 F.3d 1274
  • 2017 U.S. App. LEXIS 4717
  • 2017 WL 1020304
Court
Court of Appeals for the Eleventh Circuit
Filed
Mar 16, 2017
Status
Published
On the bench
Carnes, Tjoflat, Hull, Marcus, Wilson, Pryor, Martin, Jordan, Rosenbaum
Nature of suit
ORD
Cited by
10 cases
Authority
More cited than 71.9%

rejecting the dissent's assertion that an officer - 32 - "exceeded the scope of the permissible knock and talk exception because it was 1:30 a.m., he unholstered his weapon, and he knocked so loudly"

How later courts described this case

  • rejecting the dissent's assertion that an officer - 32 - "exceeded the scope of the permissible knock and talk exception because it was 1:30 a.m., he unholstered his weapon, and he knocked so loudly"
  • “When police unilaterally manufacture alarm and urgency that the situation at hand clearly does not warrant, the law does not—and must not—grant them qualified immunity for a deadly split-second decision.”
  • “[Ojrders denying rehearing en banc, even this published one, have no binding or precedential value”
  • “en banc rehearing is similar to . . . certiorari”

Written by the judges who cited it.

The opinion

BY THE COURT:

A petition for rehearing having been filed and a member of this Court in active service having requested a poll on whether this case should be reheard by the Court sitting en banc, and a majority of the judges in active service on this Court having voted against granting a rehearing en banc, it is ORDERED that this case will not be reheard en banc.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.