Thorp v. Dist. of Columbia
Court of Appeals for the D.C. Circuit
1Opinion of the Court
III. Analysis
Although every dog may have its day, not every plaintiff gets a trial. To pursue a Fourth Amendment claim under section 1983, he must satisfy two criteria. First, he must establish a jury question on a predicate constitutional violation, such as an unreasonable search or an unreasonable seizure. See Pearson v. Callahan, 555 U.S. 223, 232, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009). Even should he succeed, "the protection of qualified immunity is available if 'a reasonable officer could have believed that [his or her actions were] lawful, in light of clearly established law and the…
2Cases cited67 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Illinois v. GatesSupreme Court of the United States · 1983
- Pearson v. CallahanSupreme Court of the United States · 2009
- Scott v. HarrisSupreme Court of the United States · 2007
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