Civil Liberties

Federal law enforcement officers have qualified immunity against lawsuits.

One point in the lawsuit involves the fourth amendment right to be free from arbitrary search and seizure. Law enforcement is protected from lawsuits, except as permitted by previous precedent. It’s routing claim. The fourth amendment defence of the administration is also routine.

The first amendment claim is novel, involves the defendant officer retaliating against the plaintiff for the plaintiffs complaining to his supervisors of the fourth amendment violation.

The administration is merely claiming there should not be a new novel carve out to permit lawsuits claiming violations of free speech.

Very narrow fact situation.