Legal Opinion
Melgar Ex Rel. Melgar v. Greene
Court of Appeals for the Fourth Circuit
Decided January 29, 2010No. 08-2393PublishedCited by 94 opinions
1Opinion of the Court
OPINION
WILKINSON, Circuit Judge:
In this ease, we address the Fourth Amendment claim of a lost and intoxicated thirteen-year-old boy who was accidentally bitten by a police patrol dog used by an officer to find him. The boy’s father, Appellee Jose Melgar, sued the canine officer under 42 U.S.C. § 1983 and sued the officer and the police department under Article 26 of the Maryland Declaration of Rights. While we cannot accept the officer’s contentions on the merits of plaintiffs Fourth Amendment claim, we do think he is entitled to qualified immunity in this case. As to the state claim, we…
2Cases cited20 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Graham v. ConnorSupreme Court of the United States · 1989
- Pearson v. CallahanSupreme Court of the United States · 2009
- Anderson v. CreightonSupreme Court of the United States · 1987
- Malley v. BriggsSupreme Court of the United States · 1986
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3Cited by94 opinions
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- Patrick Booker v. South Carolina Department of CorrectionsCourt of Appeals for the Fourth Circuit · 2017
- George Cooper, Sr. v. James SheehanCourt of Appeals for the Fourth Circuit · 2013
- Aaron Tobey v. Terri JonesCourt of Appeals for the Fourth Circuit · 2013
- Tina Ray v. Michael RoaneCourt of Appeals for the Fourth Circuit · 2020
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