Thursday, January 14, 2016

Denial of Qualified Immunity Reversed

Callahan v. Wyandotte County, Kansas, 2015 WL 7172922 (11/16/15) (Kan.) (published) - reversal of the district court's denial of qualified immunity. There was no clearly established law that an officer could not arrest a group of people when unidentifiable members of that group, if not all of them, have committed a crime. Here there was a sting operation to catch officers involved in theft from residences during execution of search warrants. It was difficult to identify which officers were the thieves from the live video and audio feed because of their protective gear. The arresting officer was not fairly on notice that it was unlawful to arrest all members of the unit, only some of whom were later determined to have been involved in the thefts.