Legal Opinion
John Lauro, Jr. v. Michael Charles, the City of New York and the Police Department of the City of New York
Court of Appeals for the Second Circuit
Decided July 28, 2000No. 1999PublishedCited by 112 opinions
1Opinion of the Court
CALABRESI, Circuit Judge:
May the police constitutionally force an arrested person to undergo a staged “perp walk” for the benefit of the press, when the walk serves no other law enforcement purpose? We hold that such a staged perp walk exacerbates the seizure of the arres-tee unreasonably and therefore violates the Fourth Amendment. But we also hold that, because the Fourth Amendment right at issue was not clearly established until today’s decision, the defendant police officer in this case is entitled to qualified immunity.
I
The “perp walk” — as it is popularly known — is a widespread police…
2Cases cited25 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Terry v. OhioSupreme Court of the United States · 1968
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Graham v. ConnorSupreme Court of the United States · 1989
- Anderson v. CreightonSupreme Court of the United States · 1987
20 more not listed; retrieve them via the Exa API.
3Cited by112 opinions
- Elizabeth Harvey v. Plains Township Police Department Edward J. Walsh Ronald Dombroski Plains Township Board Joan A. ChukinasCourt of Appeals for the Third Circuit · 2005
- Diesel v. Town of LewisboroCourt of Appeals for the Second Circuit · 2000
- Demery v. ArpaioCourt of Appeals for the Ninth Circuit · 2004
- Vega v. LantzCourt of Appeals for the Second Circuit · 2010
- Sadallah v. City Of UticaCourt of Appeals for the Second Circuit · 2004
107 more not listed; retrieve them via the Exa API.