Lincoln v. Scott

Allegation: Police shoot, kill armed and mentally ill Colleyville, Tex. man next to his teen daughter, who’d been trying to de-escalate. An officer picks her up, slings her over his shoulder, flings her over a fence, and puts her in a patrol car for two hours. Other officers proceed to interrogate her at the station for hours, force her to write out a statement, and prevent her from seeing family. Can she sue the officer who picked her up? Fifth Circuit(2017): No. Can she sue one of the officers who interrogated her? Fifth Circuit (2017): Yes. You can’t detain an innocent witness like that. Fifth Circuit (2018): The development of evidence changes things—the daughter was compliant, the officers thought she consented, so qualified immunity. (We discussed the case on the podcast.)

Tags: 2018, Fifth Circuit, Police, Qualified Immunity

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