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Opinion (4th Circuit)

Opinion (4th Circuit)

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Published by Martin Austermuhle
Court Opinion
Court Opinion

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Published by: Martin Austermuhle on Aug 08, 2013
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08/14/2013

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PUBLISHED
 UNITED STATES COURT OF APPEALSFOR THE FOURTH CIRCUIT
 No. 12-1980
 ROXANA ORELLANA SANTOS,Plaintiff – Appellant,v.FREDERICK COUNTY BOARD OF COMMISSIONERS; CHARLES JENKINS,Frederick County Sheriff, in his official and individualcapacity; JEFFREY OPENSHAW, Frederick County Deputy Sheriff,in his official and individual capacity; KEVIN LYNCH,Frederick County Deputy Sheriff, in his official andindividual capacity,Defendants – Appellees,andJULIE L. MEYERS, former Assistant Secretary for HomelandSecurity of Immigration and Customs Enforcement, in herofficial and individual capacity; CALVIN MCCORMICK, FieldOffice Director of the ICE Office of Detention and Removal,in his official and individual capacity; JAMES A. DINKINS,Special Agent in Charge of the ICE Office of Investigations,Baltimore, MD, in his official and individual capacity,Defendants.--------------------------------IMMIGRATION REFORM LAW INSTITUTE,Amicus Supporting Appellees.Appeal from the United States District Court for the District ofMaryland, at Baltimore. Benson Everett Legg, Senior DistrictJudge. (1:09-cv-02978-BEL)
!ppeal: 12-1980 Doc: 50 Filed: 08/07/2013 Pg: 1 of 38
 
2Argued: May 15, 2013 Decided: August 7, 2013Before DAVIS and WYNN, Circuit Judges, and James R. SPENCER,United States District Judge for the Eastern District ofVirginia, sitting by designation.Affirmed in part, vacated in part, and remanded by publishedopinion. Judge Wynn wrote the opinion, in which Judge Davis andJudge Spencer concurred.
 ARGUED:
John Carney Hayes, Jr., NIXON PEABODY, LLP, Washington,D.C., for Appellant. Sandra Diana Lee, KARPINSKI, COLARESI &KARP, P.A., Baltimore, Maryland, for Appellees.
ON BRIEF:
Daniel Karp, KARPINSKI, COLARESI & KARP, Baltimore, Maryland,for Appellees. Michael M. Hethmon, Garrett R. Roe, IMMIGRATIONREFORM LAW INSTITUTE, Washington, D.C., for Amicus SupportingAppellees.
 
!ppeal: 12-1980 Doc: 50 Filed: 08/07/2013 Pg: 2 of 38
 
3WYNN, Circuit Judge:Plaintiff Roxana Orellana Santos appeals the dismissal ofher 42 U.S.C. § 1983 action against the Frederick County(Maryland) Board of Commissioners, the Frederick County Sheriff,and two deputy sheriffs. Santos alleged that the deputiesviolated her Fourth Amendment rights when, after questioning heroutside of her workplace, they arrested her on an outstandingcivil warrant for removal issued by Immigration and CustomsEnforcement (“ICE”). The U.S. District Court for the Districtof Maryland granted summary judgment to all defendants,concluding that Santos’s initial questioning by the deputies didnot implicate the Fourth Amendment and that the civilimmigration warrant justified Santos’s subsequent stop andarrest.We agree with the district court that the deputies did notseize Santos until one of the two deputies gestured for her toremain seated while they verified that the immigration warrantwas active. But the civil immigration warrant did not providethe deputies with a basis to arrest or even briefly detainSantos. Nonetheless, we conclude that the individual defendantsare immune from suit because at the time of the encounterneither the Supreme Court nor this Court had clearly establishedthat local and state law enforcement officers may not detain orarrest an individual based on a civil immigration warrant.
!ppeal: 12-1980 Doc: 50 Filed: 08/07/2013 Pg: 3 of 38

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