Thứ Hai, 8 tháng 7, 2013

So a Nine Year Old Girl Got Handcuffed for Not Performing Jumping Jacks Correctly in P.E. Class -- Welcome to Alabama!



But because it's such an "obvious violation" of the child's Fourth Amendment rights the 11th Circuit reversed the district court and found that no public purpose was served and therefore no attorney's fees were appropriate for the lengthy litigation (including trial) necessary to vindicate that right:
The majority opinion emphasizes that Bostic’s handcuffing of Gray was an “obvious violation of Gray’s Fourth Amendment rights.” Id. at 18 (emphasis in original) (internal quotation marks omitted).  Because it was an “obvious violation,” says the majority opinion, Gray’s litigation could not possibly be significant, because she did not “change the law.” Id. at 18–19. By this logic, any future decision by this court that denies qualified immunity to a government actor will be deemed insignificant, because every denial of qualified immunity stems from “obvious” constitutional violations.
There's no crying in P.E. class!

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