In plaintiffs' action challenging the constitutionality of the actions of a police officer during a traffic stop, summary judgment in favor of defendant is affirmed where: 1) the officer is entitled to federal and state qualified immunity for any possible constitutional violations that he may have committed in asking the van's passengers questions about their immigration status and in contacting ICE; 2) the officer is entitled to qualified immunity for alleged violations of state or federal laws surrounding the seizure of plaintiffs and their subsequent escort to ICE office; 3) officer is entitled to qualified immunity for both pat down searches under federal and state law; and 4) the officer is entitled to qualified immunity for all of the challenged actions with respect to the Rhode Island Racial Profiling Prevention Act.
Appeal from the United States District Court for the District of Rhode Island
Decided February 4, 2010
Opinion by Circuit Judge Torruella
For Appellant: V. Edward Formisano, American Civil Liberties Union, Rhode Island Affiliate, Sinapi, Formisano, & Co., Ltd.,
For Appellee: John M. Moreira, Special Assistant Attorney General, Patrick C. Lynch, Attorney General, James R. Lee and Brenda D. Baum, Assistants Attorney General