Show Notes - Hughes v. Few Qualified Immunity Case
Description
Issue:
Under a §1983 claim, can two police officers claim qualified immunity after arresting a Good Samaritan who effectuated a legitimate citizen’s arrest and was subsequently charged with Impersonating a Police Officer after the officers filed a patently false arrest affidavit?
Holding:
No. “For those who worry that qualified immunity can be invoked under absurd circumstances: Buckle up.” The Court rejected the officers’ claim that they were protected by the independent intermediary doctrine and applied the factors found in Franks v. Delaware, 438 U.S. 154 (1978). The Court found that the officers could not meet any of the Franks factors. “It is unclear which part of this case is more amazing: (1) That officers refused to charge a severely intoxicated driver and instead brought felony charges against the Good Samaritan who intervened to protect Houstonians; or (2) that the City of Houston continues to defend its officers’ conduct. Either way, the officers’ qualified immunity is denied, and the district court’s decision is affirmed.”
Commentary:
Though this case will likely be relevant only to those whose practice involves civil, §1983 qualified-immunity claims, if you’re looking for an interesting read, egregious facts, and a snarky opinion by a clearly offended judicial panel—this is it. In the criminal-law context, a Franks issue arises when a defendant claims that false or material misstatements or omissions by a police officer in a warrant affidavit, made with at least reckless disregard for the truth, vitiate probable cause and invalidate the warrant and subsequent arrest or search. In this civil context, though, Franks operates as an exception to the independent intermediary doctrine and can pierce the usual shield of qualified immunity.
Links
Hughes v. Few, 22-20621 (5th Cir.) (2024)
Hughes v. City of Houston, Civil Action 4:21-CV-01994 (S.D. Tex. Nov. 10, 2022)
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