Lincoln v. Turner

The Fifth Circuit affirmed the district court's grant of defendant's motion to dismiss based on qualified immunity. After police shot and killed her father, plaintiff alleged that defendant picked her up, threw her over his shoulder, and carried her to a police car, where she sat handcuffed against her will. The court held that plaintiff sufficiently pled unconstitutional seizure and excessive force; in regard to the unconstitutional seizure claim, it was not clearly established at the time that defendant needed probable cause to detain plaintiff; and, in regard to the excessive force claim, plaintiff waived her argument as to the clearly established law prong and could not overcome qualified immunity. View "Lincoln v. Turner" on Justia Law