DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
102058P.pdf 03/15/2011 Karim El-Ghazzawy v. Kay Berthiaume
U.S. Court of Appeals Case No: 10-2058
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Bye, Author, with Loken and Arnold, Circuit Judges]
Civil case - Civil rights. District court did not err in denying police
officer defendant's motion for summary judgment as a reasonable officer
could not have believed it was lawful to handcuff and frisk a suspect
absent any concern for safety; because prior case law provided fair
warning to the officer at the time of the incident, the officer violated
plaintiff's clearly established Fourth Amendment rights to be free from
unreasonable search and seizures and was not entitled to qualified
immunity.