Sims v. Labowitz, No. 16-2174 (4th Cir. 2017)Annotate this Case
Plaintiff filed suit against the administrator of detective David E. Abbott's estate under 42 U.S.C. 1983, alleging that the search of his person violated his Fourth Amendment right of privacy or, alternatively, his right of substantive due process under the Fourteenth Amendment. Plaintiff also brought a claim under 18 U.S.C. 2255(a), alleging that, as a result of the search, he was the victim of manufactured child pornography. The Fourth Circuit reversed the district court's judgment with respect to the section 1983 claim alleging a Fourth Amendment violation, holding that a reasonable police officer would have known that attempting to obtain a photograph of a minor child's erect penis, by ordering the child to masturbate in the presence of others, would unlawfully invade the child's right of privacy under the Fourth Amendment. The court affirmed the district court's dismissal of the remaining claims.