Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Poe v. Leonard

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Argued: June 5, 2001

Plaintiff-Appellee sued, pursuant to 42 U.S.C. � 1983, a Connecticut State Trooper and his supervisor in their individual capacities after she discovered that the trooper surreptitiously videotaped her undressing at the Connecticut State Police Training Center. The supervisor appealed from an order of the United States District Court for the District of Connecticut (Alan H. Nevas, Judge) denying his motion for summary judgment, which asserted a defense of qualified immunity, and denying his motion in limine to exclude Plaintiff-Appellee’s expert witness.

We hold that in order for a supervisor to be liable under section 1983, both the law allegedly violated by the subordinate and the supervisory liability doctrine under which the plaintiff wishes to hold the supervisor liable must be clearly established. By 1993, it was clearly established that a police officer violates a person’s Fourteenth Amendment right to bodily privacy when that officer views, photographs or otherwise records another’s unclothed or partially unclothed body, without the person’s consent. By 1993, it was also clearly established that a supervisor could be liable if he had actual or constructive notice that it was highly likely his subordinate, while on duty, might violate another’s right to privacy in his or her unclothed body, but the supervisor deliberately or recklessly disregarded that risk by failing to take reasonable action to prevent such a violation, and that failure caused the constitutional injury to the plaintiff. We conclude that the defendant supervisor is entitled to qualified immunity in this case because the plaintiff has failed to proffer sufficient facts to meet this standard and because reasonable supervisors in the defendant’s position could disagree about whether his inaction violated clearly established law.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
The American Lawyer Industry Awards 2024
November 13, 2024
New York, NY

Honoring outstanding legal achievements focused at the national level, largely around Big Law and in-house departments.


Learn More
Women Leaders in Consulting (WLC) 2024
November 14, 2024
New York, NY

Women Leaders in Consulting Awards honors the industry standouts and rising stars who are making a mark within the profession.


Learn More
General Counsel Conference East 2024
November 18, 2024 - November 19, 2024
New York, NY

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Go to Events Go to Webcasts
Assistant Town Attorney

General Statement of DutiesPerforms legal work involving full litigation of all types of matters both for and against the Town, including al...


Apply Now ›
FINANCE & REAL ESTATE ATTORNEY - Connecticut Preferred; Remote will be considered

Shipman & Goodwin LLP is seeking a attorney to expand our national commercial real estate lending practice. Candidates should have a mi...


Apply Now ›
Health Law Associate CT

Health Law Associate CT Shipman is seeking an associate to join our national longstanding health law practice. Candidates must have t...


Apply Now ›
Go to Lawjobs