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Qualified Immunity Decision Reversed in Civil Rights Case

By Shari Allison

Lundstrom v. Romero, ___ F.3d ___ , 2010 WL 3222048 (10th Cir. 2010) (NM). Court reverses qualified immunity decision in favor of Albuquerque Police Department, finding that no reasonable officer would have determined that there was reasonable suspicion/probable cause to conduct the seizure/search they did, under the facts in the case. Cops had received a 911 call that a woman had been striking a toddler in the yard next door and screaming at it, though the caller said she could see nothing. APD arrived 40 minutes later The male plaintiff answered the door to see a cop out in the bushes with a flashlight, who then pointed a gun at him. The cop asked about a child inside, the man said there were no kids there, did not believe she was a cop, asked for ID, things got belligerent, female plaintiff came out to smooth things over, cop pointed gun at her, male went inside and closed door, and called 911 to find out if the cop was really a cop...continue to full post

Full post as published by Tenth Circuit Blog on September 10, 2010 (boomark / email).