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Posts Tagged ‘Pearson’

The Fourth Circuit held yesterday that bail bondsmen are not entitled to qualified immunity. Judge Diaz wrote the opinion for the court in Gregg v. Ham, in which Judge Niemeyer and Judge Motz joined.

The appeal came from a jury verdict in favor of a disabled woman whose home was invaded by bail bondsmen in search of a fugitive who had passed through her property a couple days earlier (when fleeing a chase). Given the facts of the case, it may be that the bail bondsman would not have been entitled to qualified immunity even if eligible for it, but the appeals court held categorically that bail bondsmen are not entitled to qualified immunity.

(Although it makes no difference to the outcome here, a cautionary note is in order with respect to the opinion’s description of qualified immunity analysis. Relying on the Fourth Circuit’s en banc decision last year in Henry v. Purnell, the opinion states that “[t]he defense of qualified immunity involves a two-step procedure “that asks first whether a constitutional violation occurred and second whether the right violated was clearly established.” This formulation leaves out the Supreme Court’s holding in Pearson v. Callahan that courts are not bound to apply these two steps sequentially.)

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