Lincoln v. Barnes
Opinion Date: April 20, 2017
Judge: James Earl Graves, Jr.
Areas of Law: Civil Rights, Constitutional Law
This case arose out of a police shooting of John Lincoln. John was shot and killed in front of his daughter, Erin. Erin and her aunt Kelly subsequently filed suit under 42 U.S.C. 1983 against the Cities of Colleyville and North Richland Hills, Texas, and several officers involved in the incident, including Officer Barnes. On appeal, Barnes challenged the district court's denial of qualified immunity. Erin asserted that officers violated her Fourth Amendment right to be free from unreasonable seizure when they took her into custody without a warrant, probable cause, or justifiable reason and interrogated her against her will for many hours, refusing her access to her family. The court concluded that the police violate the Fourth Amendment when, absent probable cause or the individual's consent, they seize and transport a person to the police station and subject her to prolonged interrogation. Because the right was clearly established at the time of the violation, the court affirmed the judgment.
Louisiana Law Blog
Louisiana Law, News, Issues and Comments from Attorneys at the Shoultz Law Firm