Daily Case Update Archive

If you would like to receive a daily e-mail with same-day case updates, please join our Subscribers-Only discussion list. Not a subscriber? Join today!

TOPICS:
- Constitutional rights - Search and Seizure

Ohio Supreme Court: No Opinions.
First District Court of Appeals: [Search Other Ohio Districts]; No Opinions.
U.S. Sixth Circuit Court of Appeals: Ohio Cases: Humphrey v. Mabry (April 2, 2007) (Appeal from S.D. Ohio)
- http://www.ca6.uscourts.gov/opinions.pdf/07a0119p-06.pdf
- This civil rights action, brought under 42 U.S.C. § 1983, arises out of a traffic stop, forcible seizure at gun point, search and brief restraint of the plaintiff, who was driving a car mistakenly identified by Columbus, Ohio police officers as a wanted car driven by a dangerous, gun-bearing suspect. The plaintiff's complaint alleges that three Columbus police officers and the City of Columbus are liable for violating his constitutional rights, specifically the Fourth Amendment's prohibition against unreasonable seizures and the use of excessive force. We conclude that Humphrey's complaint sufficiently alleges, and a reasonable jury could find, that Columbus police officers did violate his Fourth Amendment rights. But we also conclude that, because a reasonable officer in the shoes of the individual officer defendants, in the particular circumstances here, could have reasonably believed that his actions were constitutional, we REVERSE the denial of qualified immunity for the three individual officer defendants and REMAND for further proceedings consistent with this opinion.
U.S. Sixth Circuit Court of Appeals: Other States Cases: No Opinions.