Guerrero v. Moore, 080411 FED4, 10-2177

Docket Nº:10-2177
Opinion Judge:PER CURIAM:
Party Name:ESPERANZA GUERRERO, Plaintiff–Appellee, v. DAVID L. MOORE, in his official and individual capacity, Defendant-Appellant, and MARIA MUNGUIA; JUAN GUERRERO; JG, Minor; KG, Minor; JJG, Minor; MG, Minor, Plaintiffs, and CHARLIE T. DEANE, in his official capacity; LUIS POTES, in his official and individual capacity; ADAM HURLEY, in his official and indi
Attorney:Angela L. Horan, County Attorney, Jeffrey Notz, Assistant County Attorney, Prince William, Virginia, for Appellant. Christina G. Sarchio, Haven G. Ward, Stephen A. Vaden, PATTON BOGGS LLP, Washington, DC; Cesar Perales, Diana Sen, Jose Perez, LATINO JUSTICE/PUERTO RICAN LEGAL DEFENSE FUND, New Yo...
Judge Panel:Before MOTZ, KEENAN, and WYNN, Circuit Judges.
Case Date:August 04, 2011
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
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ESPERANZA GUERRERO, Plaintiff–Appellee,

and

MARIA MUNGUIA; JUAN GUERRERO; JG, Minor; KG, Minor; JJG, Minor; MG, Minor, Plaintiffs,

v.

DAVID L. MOORE, in his official and individual capacity, Defendant-Appellant,

and

CHARLIE T. DEANE, in his official capacity; LUIS POTES, in his official and individual capacity; ADAM HURLEY, in his official and individual capacity; DOES 1-6, in their official and individual capacities; ROES 1-5, in their official and individual capacities; PRINCE WILLIAM COUNTY POLICE DEPARTMENT; PRINCE WILLIAM COUNTY; MATTHEW CAPLAN, in his official and individual capacity; KAREN MUELHAUSER, in her official and individual capacity; DOES 1-5, in their official and individual capacities, Defendants.

No. 10-2177

United States Court of Appeals, Fourth Circuit

August 4, 2011

UNPUBLISHED

Submitted: July 18, 2011.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (1:09-cv-01313-JCC-TRJ).

Angela L. Horan, County Attorney, Jeffrey Notz, Assistant County Attorney, Prince William, Virginia, for Appellant.

Christina G. Sarchio, Haven G. Ward, Stephen A. Vaden, PATTON BOGGS LLP, Washington, DC; Cesar Perales, Diana Sen, Jose Perez, LATINO JUSTICE/PUERTO RICAN LEGAL DEFENSE FUND, New York, New York, for Appellee.

Before MOTZ, KEENAN, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Sergeant David L. Moore appeals the district court's partial denial of his motion for summary judgment on the basis of qualified immunity. We affirm.

"Qualified immunity protects government officials from liability for violations of constitutional rights that were not clearly established at the time of the challenged conduct." Witt v. W.Va. State Police, Troop 2, 633 F.3d 272, 275 (4th Cir. 2011) (internal quotation marks, brackets, and citations omitted). Qualified immunity "is an immunity from suit rather than a mere defense to liability; and like an absolute immunity, it is effectively lost if a case is erroneously permitted to go to trial." Mitchell v. Forsyth, 472 U.S. 511, 526 (1985). Thus, to the extent it turns on an issue of law, a district court's denial of a claim of qualified immunity is immediately appealable despite the...

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