EL PASO, Texas – A federal court in Texas ruled that officers’ immunity defense is inapplicable to civil rights claims brought by a mother and daughter, because police cannot arrest someone for merely refusing to show identification.
The girl was 16 years old when officers stopped her on her walk home and asked for identification. When she turned to walk away, an officer pulled her hair, kicked her left shin and threw her to the ground before handcuffing her and putting her in a police car.
An officer took the girl’s house key out from her bra, drove to the girl’s house and entered her home while her mother was in the shower. The court ruled that the officers lacked reasonable suspicion that a crime had occurred and are not immune from the Fourth Amendment rights violations and excessive force claims.