· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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