4th Amendment violation – Qualified Immunity

By: Derek Hawkins//January 16, 2017//

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7^th Circuit Court of Appeals

Case Name: Scott Allin v. City of Springfield, et al.

Case No.: 16-1155

Officials: WOOD, Chief Judge, and BAUER and MANION, Circuit Judges.

Focus: 4^th Amendment violation – Qualified Immunity

Plaintiff-appellee, Scott Allin, brought this action against Patricia Baskett, Sergeant Jeff Barr of the Springfield Police Department, and the City of Springfield, Illinois, raising both 42 U.S.C. § 1983 and state law claims. Allin asserts that his Fourth Amendment rights were violated when Baskett, with Barr in attendance, came to his residence to gather her property, and, after a dispute about the ownership of a motorcycle, Barr announced he would not prevent her from taking it. Barr filed a motion for summary judgment on Allin’s § 1983 claims, contending that he was entitled to qualified immunity. The district court denied his motion. We reverse and remand.

Reversed and remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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