Fuqua v. Turner, No. 19-13877 (11th Cir. 2021)
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Plaintiff filed suit against the Alabama Deputy Fire Marshal and several law enforcement officers, ATF Agents, and other unnamed officers, alleging claims related to a fire inspection the Fire Marshal performed on plaintiff's nightclub.
The Eleventh Circuit affirmed the district court's dismissal of plaintiff's claims against the ATF Agents and the entry of summary judgment for the Fire Marshal. The court concluded that the district court's reliance on the suppression-hearing transcript was proper and that it committed no error in finding that the Fire Marshal was entitled to qualified immunity. In this case, a reasonable officer in the Fire Marshal's position could have believed that he had plaintiff's effective consent to enter the club to conduct an inspection. Furthermore, the Fire Marshal was entitled to qualified immunity for his search of plaintiff's bedroom. The court also concluded that it lacked personal jurisdiction over the individual-capacity claims against the ATF Agents because they were improperly served, and the official-capacity claims against them are barred by sovereign immunity.
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