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· 9/23/1986

Sylvia Daniel v. Earl Taylor, Keith Dunkel, Bernadette Hernandez, Fred Woodward, Ernest Dorling and Tommy Pritchard

Citations

  • 808 F.2d 1401

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that to be entitled to qualified immunity, defendants need only show that it is an unsettled question of law whether plaintiff had a right not to be detained without probable cause
  • suggesting that one could argue both that detention at one's business adds only minimally and that it adds significantly to the stigma of the search
  • suggesting that one could argue both that detention at one’s business adds only minimally and that it adds significantly to the stigma of the search
  • recognizing that Summers,' and even the Supreme Court’s dicta therein that “possibly a prolonged detention ... might lead to a different conclusion in an unusual case” did not clearly establish the law regarding the length of the detention of an occupant during a permissible search
  • finding defendant agents entitled to qualified immunity where law was uncertain as to permissible length of detention and applicability of Summers to searches for evidence rather than contraband
  • finding defendant agents entitled to qualified immunity where law was uncertain as to permissible length of detention and applicability of Summers to searches for evidence rather than contraband

Source: CourtListener parenthetical corpus (CC0).

Judges: Pay, Anderson, Edmondson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.