Monday, December 12, 2005

On the victim's identification of the criminal and qualified immunity

In McKinney v. Richland County Sheriff's Department, the Fourth Circuit in an opinion by Judge Luttig, joined by Judges Williams and Michael, reversed the denial of qualified immunity in a case where a teacher sued the law enforcement officer, who had obtained a warrant against him because the nine year-old crime victim had identified the plaintiff as the criminal. The Court ruled, the crime victim's identification was enough to satisfy the requirement of probable cause.

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