United States First Circuit

In plaintiffs' action challenging the constitutionality of the actions of a police officer during a traffic stop, summary judgment in favor of defendant is affirmed where: 1) the officer is entitled to federal and state qualified immunity for any possible constitutional violations that he may have committed in asking the van's passengers questions about their immigration status and in contacting ICE; 2) the officer is entitled to qualified immunity for alleged violations of state or federal laws surrounding the seizure of plaintiffs and their subsequent escort to ICE office; 3) officer is entitled to qualified immunity for both pat down searches under federal and state law; and 4) the officer is entitled to qualified immunity for all of the challenged actions with respect to the Rhode Island Racial Profiling Prevention Act.

Appellate Information

• Decided 02/04/2010
• Published 02/04/2010

Judges

• TORRUELLA, Circuit Judge.1, Before Lynch, Chief Judge, Torruella, and Howard, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• V. Edward Formisano, with whom American Civil Liberties Union, Rhode Island Affiliate, Sinapi, Formisano, & Co., Ltd., was on brief for appellants.


• For Appellees:
  
• John M. Moreira, Special Assistant Attorney General, with whom Patrick C. Lynch, Attorney General, James R. Lee and Brenda D. Baum, Assistants Attorney General, were on brief for appellees.