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Unlawful Arrest Not a 4th Amendment Violation

Wed, 05/21/2014

Morris v. Bower: Jerry Morris filed suit claiming that police officers violated his 4th Amendment rights by entering his home without a warrant and then arresting him for punching an officer. The punch was in retaliation to being shoved inside his home after trying to close the door. Morris was charged with assaulting a police officer and resisting arrest. The District Court denied the officers qualified immunity.


The Eleventh Circuit upheld the denial of qualified immunity. However, the Court also concluded that the District Court erred in denying the officers’ motions to dismiss Morris’ claim for unlawful arrest. The Circuit Court determined that the officers had probable cause to believe that Morris had committed an assault. Therefore, the arrest did not violate the 4th Amendment.

Read the full decision here