Supreme Court Fortifies Qualified Immunity for Law Enforcement Officers in Warrant Cases

5 Pages Posted: 27 Jun 2014 Last revised: 9 Dec 2014

See all articles by Martin A. Schwartz

Martin A. Schwartz

Touro College - Jacob D. Fuchsberg Law Center

Date Written: 2013

Abstract

This article analyzes the significance of the United States Supreme Court decision in Messerschmidt v. Millender, 132 S.Ct. 1652 (2012), upon §1983 Fourth Amendment claims asserted against state and local law enforcement officers who apply for and enforce warrants. Millender held that police officers who sought and executed a very broad warrant authorizing them to search a residence for guns and gang related material were protected by qualified immunity. The author asserts that §1983 plaintiffs, who seek to recover damages based upon either the application or execution of an allegedly unconstitutional warrant, will now have to overcome various layers of immunity protection.

Note: Reprinted with permission from: Municipal Lawyer Journal, Winter/Spring 2013, Vol. 27, No. 1, published by the New York State Bar Association, One Elk Street, Albany, NY 12207.

Keywords: Millender, qualified immunity, §1983, section 1983, warrants, police officers, law enforcement, Supreme Court

Suggested Citation

Schwartz, Martin A., Supreme Court Fortifies Qualified Immunity for Law Enforcement Officers in Warrant Cases (2013). 27 Mun. Law. 40 (2013), Touro Law Center Legal Studies Research Paper Series No. 14-44, Available at SSRN: https://ssrn.com/abstract=2459000

Martin A. Schwartz (Contact Author)

Touro College - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

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