(Download) "Humphrey v. Mabry" by Tenth Circuit U.S. Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Humphrey v. Mabry
- Author : Tenth Circuit U.S. Court of Appeals
- Release Date : January 02, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
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 theplaintiff, who was driving a car mistakenly identified by Columbus, Ohio police officers as a wanted car driven by a dangerous, gun-bearing suspect. The plaintiffs complaint alleges that three Columbus police officers and the City of Columbus are liable for violating his constitutional rights, specifically the Fourth Amendments prohibition against unreasonable seizures and the use of excessive force. We conclude that Humphreys 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.