Poteet v. Sullivan

Outcome: Judgment for police officers reversed.

Description: From LexisNexis: "After a bad breakup, police assisted the detainee's girlfriend in removing her things from his apartment. The officers ordered the detainee to keep the door open, physically restrained him, and threatened to send him to jail if he moved. The detainee filed § 1983 claim against two police officers, the captain, and the Town of Flower Mound. The officers' actions violated the detainee's reasonable expectation of privacy and constituted a "search" for purposes of the Fourth Amendment. The evidence raised a fact issue as to whether the officers' actions went beyond that necessary to keep the peace; Tex. Code Crim. Proc. Ann. art. 5.045 (2005) did not authorize the officers to provide affirmative aid in the seizure of the contents of the home. Summary judgment for the captain was proper as his authorization of the civil standby did not violate the detainee's constitutional rights. Town of Flower Mound was entitled to summary judgment, because 42 U.S.C.S. § 1983 did not provide for vicarious liability."