Juliet Blacksher v. Irondale, Alabama, et al.

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JUNE 4, 2012
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 11-13984
________________________
D. C. Docket No. 2:11-cv-01240-RDP
JULIET BLACKSHER,
an individual,
Plaintiff-Appellant,
versus
IRONDALE, ALABAMA, CITY OF,
a municipal corporation,
JASON HILL,
individually and in his capacity as
a Detective Sergeant of the City of Irondale,
Alabama,
Defendants-Appellees.
_________________________________________
Appeal from the United States District Court
for the Northern District of Alabama
_________________________________________
(June 4, 2012)

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Before DUBINA, Chief Judge, EDMONDSON, Circuit Judge, and RESTANI,*
Judge.
PER CURIAM:
This appeal is from the grant of qualified immunity. The defense was
asserted by a motion per Rule 12(b)(6). Taking the allegations of the complaint as
true, we conclude that the District Court’s decision to grant the motion amounts to
a reversible error. We note, among other things, that the complaint never asserts
that Defendant Hill identified himself as a law officer or that Plaintiff knew he was
a law officer before the arrest.
We express no view about whether qualified immunity might yet bar this
action by grant of summary judgment or otherwise when more facts come out as
the record is developed.
VACATED and REMANDED.
Honorable Jane A. Restani, United States Court of International Trade Judge, sitting by*
designation.
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