McColley v. County of Rensselaer, No. 12-2220 (2d Cir. 2014)Annotate this Case
Defendants appealed from the district court's denial of summary judgment on their claims of qualified immunity for purported violations of the Fourth Amendment and state tort law based upon omissions made by Investigator Riley in the application for a search warrant of plaintiff's home. In this case, plaintiff's identity, the fact that the confidential informant did not report that a woman was present in the apartment, and the fact that attempts at independent corroboration via surveillance showed no sign of criminal activity were all omissions that bear upon the reliability of the overall information provided. The court dismissed the appeal based on lack of jurisdiction where disputed material factual issues underlie the district court's denial of qualified immunity.