McMurry v. Weaver
142 F.4th 292 · Court of Appeals for the Fifth Circuit · 2025
Facts
Officer Alexandra Weaver conducted a warrantless search of a home and seized a 14-year-old child, J.M., during a child welfare investigation while J.M.'s mother was out of the country. Despite J.M. confirming adult supervision and no signs of immediate danger, Weaver searched the apartment and transported J.M. to school in a police car. The McMurrys and J.M. sued Weaver, who sought qualified immunity, which the district court denied.
Issue
The issue on appeal is whether the district court erred in denying Officer Weaver qualified immunity for alleged Fourth Amendment violations (unreasonable search and seizure) and a Fourteenth Amendment procedural due process violation.
Holding
The Fifth Circuit Court of Appeals affirmed the district court's denial of qualified immunity, finding no reversible error. The court concluded that the plaintiffs established constitutional violations of clearly established law, defeating Weaver's qualified immunity defense.
Rule
Qualified immunity does not apply if an officer's conduct violates clearly established constitutional rights, such as the Fourth Amendment right against unreasonable searches and seizures in a home, which generally require a warrant, consent, or exigent circumstances (immediate danger). Child welfare investigations are not exempt from these Fourth Amendment standards under "special needs" or "community caretaking" exceptions when not divorced from law enforcement purposes.
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