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Estate – Fourth Amendment Violation – Qualified Immunity
By: Derek Hawkins//November 26, 2018//
Listen to this article7th Circuit Court of Appeals
Case Name: Lucinda Lovett, et al. v. Landon Herbert, et al.
Case No.: 17-1668
Officials: Before SYKES, and BARRETT, Circuit Judges, and DURKIN, District Judge.
Focus: Estate – Fourth Amendment Violation – Qualified Immunity
On December 13, 2013, Daniel Martin was arrested for drunk driving and taken to the jail in Clay County, Indiana. While there, Martin fell out of an upper bunk bed, suffering injuries that eventually led to his death several months later. Martin’s estate sued Clay County correctional officers Landon Herbert and Zachary Overton who were on duty at the jail that night. The district court denied the Officers’ motion for summary judgment on qualified immunity. The Officers appeal that order.
The denial of the Officers’ motion for summary judgment is REVERSED and REMANDED with instructions to the district court to enter judgment for the Officers on the Estate’s Fourth Amendment claim.
Reversed and Remanded
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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