Anthony J. Hunt, a Minor, by His Next Friend, Lisa C. Desombre, and Lisa C. Desombre v. The…

Summary

The court held that the record, viewed in the child’s favor, supported claims under the Fourth Amendment and state tort law arising from a police officer’s coercive interrogation of an eight-year-old student. The court concluded that the officer’s seizure of the child could be found unreasonable and that the officer was not entitled to qualified immunity because the unlawfulness of intentionally frightening the child to obtain another student’s confession should have been apparent. The court also allowed the intentional-infliction-of-emotional-distress and false-arrest claims to proceed but affirmed summary judgment on battery.