Hupp v. Cook

Allegation: Officer points gun at Waverly, W.Va. family dog that is restrained and can’t reach the officer. A 113-pound woman steps between him and the dog. He grabs her arm; she struggles; he flings her to the ground, arrests her. He then enters the home without a warrant or consent and seizes electronic devices, including a phone with video of the incident. The officer makes statements that “were not entirely truthful,” and the woman is charged with obstruction. (A jury acquits.) District court: Can’t sue over that. Qualified immunity. Fourth Circuit: Reversed.

Tags: 2019, Fourth Circuit, Qualified Immunity, Searches and Seizures

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