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10th Cir., 2-1, rejects qualified immunity for deputies who walked a pretrial detainee through a hospital in the nude.
Notes "law-enforcement officers in this circuit have been taught this lesson [about involuntary exposure of the nude body] repeatedly." ca10.uscourts.gov/opinions/18/18…
Notes "law-enforcement officers in this circuit have been taught this lesson [about involuntary exposure of the nude body] repeatedly." ca10.uscourts.gov/opinions/18/18…
Dissenting Judge Tymkovich argues that the complaint evinces mere indifference or callousness, which doesn't shock the conscience enough to implicate due process.
Says the complaint had to allege maliciousness.
(Corrected tweet.)
Says the complaint had to allege maliciousness.
(Corrected tweet.)
Judge Tymkovich has been on a mission to revive application of the shocks the conscience test for a few years now. This is another one of those cases.
