Scott J. Bower


Sometimes lawyers get pushed around—both literally and figuratively. However, it is not every day that a Netflix camera crew might capture such an altercation on camera. While filming a Netflix documentary about the experiences of undocumented persons in the United States, Andrea Martinez found herself in a precarious situation that resulted in her suing two United States Immigration and Customs Enforcement agents for allegedly violating her Fourth Amendment rights. Plaintiffs like Martinez often struggle to overcome the strenuous legal doctrine of qualified immunity when filing suit against government officials. Several circuits across the country are clarifying legal guidelines and applying them to claims similar to those of Martinez. The Eighth Circuit should follow suit by clarifying its guidelines in the context of Fourth Amendment claims and qualified immunity.

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