Estate Fourth Amendment Violation Qualified Immunity.

Byline: Derek Hawkins

7th Circuit Court of Appeals

Case Name: Lucinda Lovett, et al. v. Landon Herbert, et al.

Case No.: 17-1668

Officials: Before SYKES, and BARRETT, Circuit Judges, and DURKIN, District Judge.

Focus: Estate Fourth Amendment Violation Qualified Immunity

On December 13, 2013, Daniel Martin was arrested for drunk driving and taken to the jail in Clay County, Indiana. While there, Martin fell out of an upper bunk bed, suffering injuries that eventually led to his death several months later. Martin's estate sued Clay County correctional officers Landon Herbert and Zachary Overton who were on duty at the jail that night. The district court denied the Officers' motion for summary judgment on qualified immunity. The Officers appeal that order.

The denial of the Officers' motion for summary judgment is REVERSED and REMANDED with instructions to the district court to enter judgment for the Officers on the...

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