Family Of Dead Atty Can't Sue Cop Over Arrest, 5th Circ. Says

Law360 (September 23, 2020, 8:43 PM EDT) -- The family of an attorney who killed himself after his arrest for his involvement in photographing the infirm wife of a U.S. senator in bed at a nursing home failed to establish that the arresting officer should be liable for false arrest, the Fifth Circuit has determined.

Because a judge signed off on an arrest warrant for Mark Mayfield, Officer Vickie Currie cannot be held liable for purportedly violating the lawyer's Fourth Amendment rights, as she is shielded by qualified immunity, the three-judge appellate court panel held in an opinion on Tuesday.

The late Mayfield's family failed to establish that the...

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