United States Fourth Circuit

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Santos v. Frederick County Board of Commissioners, 12-1980

Summary judgment to defendants in plaintiff's 42 U.S.C. section 1983 action against defendants alleging that defendant-deputies violated her Fourth Amendment rights when, after questioning her outside of her workplace, they arrested her on an outstanding civil warrant for removal issued by Immigration and Customs Enforcement, is: 1) affirmed in part as to the judgment for defendant deputies and Sheriff, where although the civil immigration warrant did not provide the deputies with a basis to arrest or even briefly detain plaintiff, the individual defendants are immune from suit because at the time of the encounter neither the Supreme Court nor this Court had clearly established that local and state law enforcement officers may not detain or arrest an individual based on a civil immigration warrant; and 2) vacated in part and remanded, where qualified immunity does not extend to municipal defendants.

Appellate Information

  • Decided 08/07/2013
  • Published 08/07/2013


  • WYNN


  • United States Fourth Circuit


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