Wednesday, March 23, 2011

Watch this case: 8th circuit upholds lawyer’s 4th Amendment rights


Minneapolis attorney Karim G. El-Ghazzawy likes to buy and sell high-end wristwatches. In November, 2008 he went to Pawn American in Bloomington to sell some watches and quickly found himself in handcuffs, suspected of theft by swindle. He spent the night in jail before his wife brought his receipts to the jail and an expert determined the watches were not counterfeit.


On March 11, the 8th Circuit determined that El-Ghazzawy’s case against Bloomington police officer Kay Berthiaume could go ahead. It upheld District Court Judge Richard Kyle’s refusal to dismiss the case because the officer did not have qualified immunity for violating El-Ghazzawy’s Fourth Amendment rights. The officer had no articulable reason to fear for her safety that would justify cuffing El-Ghazzawy, the court said.


See the upcoming March 28 issue of Minnesota Lawyer for complete coverage of El-Ghazzawy v. Berthiaume.