Swear on the Stand

Bakutis v. Dean: Qualified Immunity Appeal (5th Cir)


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This episode presents an appeal from a district court's denial of qualified immunity for Officer Aaron Dean, who shot and killed Atatiana Jefferson during a "community caretaking" response to an "open structure call." The majority opinion affirms the district court's decision regarding the excessive force claim, finding that Dean's actions were objectively unreasonable given the clearly established law requiring officers to provide a warning before using deadly force when feasible. However, the majority reverses the denial of qualified immunity for the unreasonable search claim, arguing that there is no clearly established precedent for what constitutes an unreasonable search during an "open structure call" when an officer is performing a community caretaking function. The dissenting opinion, while agreeing on the excessive force claim, contends that Dean's entry onto the curtilage of Jefferson's home was an unconstitutional search not covered by the community caretaking exception, as the Fourth Amendment protects homes and their immediate surroundings from warrantless searches regardless of the officer's intent.

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Swear on the StandBy Daniel W. Swear