Simon v. City of New York

Allegation: In 2008, NYPD officers and a state prosecutor obtain arrest warrant to bring material witness before a judge. Yikes! They detain the witness for two days and do not bring her before a judge. Second Circuit(2013): The officers and prosecutor are not entitled to absolute immunity. Second Circuit (2018): Nor are they entitled to qualified immunity. There’s not a lot of case law on abusive detentions of material witnesses, but this is the rare case where no case on point is necessary; the officers and the prosecutor knew to abide by the terms of the warrant. The witness can sue.

Tags: 2018, Police, Qualified Immunity, Second Circuit

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