United States Third Circuit

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Kane v. Barger, 17-3027

Held that a police officer did not have qualified immunity to a suit alleging that he inappropriately touched a woman who reported a sexual assault and that he used his personal cellphone to photograph her intimate areas. The officer argued that he was immune from suit because the right at issue was not clearly established at the time of his alleged conduct. Rejecting his argument, the Third Circuit reversed the entry of summary judgment for the officer and remanded for further proceedings in this suit alleging infringement of the Fourteenth Amendment right to bodily integrity.

Appellate Information

  • Decided
  • Published 2018/08/22


  • Fuentes


  • United States Third Circuit


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