Martinez-Aguero v. Gonzalez

JERRY E. SMITH, Circuit Judge:

We must decide whether aliens stopped at the border have a constitutional right to be free from false imprisonment and the use of excessive force by law enforcement personnel. Concluding that they do, we affirm the denial of Humberto Gonzalez’s motion for summary judgment that he pursued on the basis of a claim of qualified immunity, and we remand for further proceedings.

I

On interlocutory appeal of the denial of a summary judgment motion seeking dismissal for qualified immunity, we review the facts in the light most favorable to the plaintiff. Kinney v. Weaver,…