Whalen v. McMullen, No. 17-35267 (9th Cir. 2018)
Annotate this CaseThe Ninth Circuit affirmed the district court's grant of summary judgment in favor of a state patrol officer in a 42 U.S.C. 1983 action, alleging that the officer's entry into plaintiff's home without a warrant and under false pretenses violated her Fourth Amendment right to be free from unreasonable searches and seizures. The panel held that, although the officer's entry in plaintiff's home during the course of a civil fraud investigation was an unreasonable search under the Fourth Amendment, the officer was entitled to qualified immunity because the right to be free from a search in the context of a civil or administrative investigation related to a determination of benefits was not clearly established at the time.
Court Description: Civil Rights. The panel affirmed, on the basis of qualified immunity, the district court’s summary judgment in favor of a Washington State Patrol officer in an action brought pursuant to 42 U.S.C. § 1983 alleging that the officer’s entry into plaintiff’s home without a warrant and under false pretenses violated her Fourth Amendment right to be free from unreasonable searches and seizures. While investigating plaintiff for fraud related to her application for social security benefits, the officer as part of the Cooperative Disability Investigations Unit, gained both plaintiff’s cooperation and entrance into her home by requesting her assistance in a fictitious criminal investigation. During the officer’s investigation, the officer secretly videotaped plaintiff both outside and inside her home. No criminal charges were ever lodged against plaintiff, but the footage was used at her social security hearing. The panel held that the officer’s entry into plaintiff’s home without consent or a warrant in the course of a civil fraud investigation related to plaintiff’s disability benefits claim was an unreasonable search under the Fourth Amendment. The panel nevertheless held that the officer had qualified immunity from suit because the right to be free from a search in the context of a civil or administrative WHALEN V. MCMULLEN 3 investigation related to a determination of benefits had not been clearly established.
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