Hatheway v. Thies

Detectives John P. Thies and Shannon McGuire appeal the district court’s order denying them qualified immunity from the plaintiff Phillip R. Hatheway’s 42 U.S.C. § 1983 Fourth Amendment claim. Mr. Hatheway’s claim arises out of his Dec. 11, 1999 detention and interrogation by Detectives Thies and McGuire, who worked for the City of Albuquerque and suspected Mr. Hatheway of committing a robbery.

Detectives Thies and McGuire contend that a reasonable official would have concluded that Mr. Hatheway consented to the detention and interrogation. We disagree and therefore affirm the district court’s…