Quinn v Young

Quinn field a 1983 action alleging violations of his Fourth Amendment rights, entrapment, malicious prosecution and due process violations when Young and other officers arrested him and his family as part of a larceny sting operation. The district court denied Young’s qualified immunity motion. The panel reversed on the 4th Amendment claim and remanded as to the malicious prosecution and due process claims. It held that, as of the time of the arrest, there was simply no precedent which discussed the probable cause standard in the larceny sting operation setting and thus there was no clearly established law to violate. The panel noted this conclusion is supported by a New Mexico district court decision in another case arising from the same sting operation and an unpublished opinion form the 11th Circuit. The panel also noted its discomfort with sting operations in general and with this operation in particular. The panel further held that Quinn never pled an entrapment claim against Young and the other officers and thus the appeals to that claim had to be dismissed and that remand on malicious prosecution an substantive due process claims was prudent as the district court gave no reasons for denying qualified immunity as to these claims and should undertake the appropriate analysis n the first instance.