United States Ninth Circuit
Davis v. US, 15-55671
In a suit alleging wrongful detention under the Fourth Amendment, brought by an elderly woman who was detained in a public parking lot for two hours, while she stood in urine-soaked pants, and defendant questioned her incident to a search, concerning plaintiff's possession of a paperweight containing a rice-grain-sized bit of lunar material, the district court's denial of defendant's motion for qualified immunity on a Bivens claims is affirmed where plaintiff raised genuine issues of material fact as to whether defendant's detention of her was unreasonably prolonged and degrading under Frankline v. Foxworth, 31 F.3d 873, 876 (9th Cir. 1994).
Appellate Information
- Decided
- Published 2017/04/13
Judges
- THOMAS
Court
- United States Ninth Circuit