Derek Antol v. Robert English

Summary

The court affirmed dismissal of Antol’s Fourth Amendment unlawful-search claims because, even after accounting for alleged inaccuracies and omissions, the warrant affidavit established probable cause to search his residence. It reversed dismissal of his Fourth Amendment unreasonable-seizure claim, holding that he plausibly alleged that repeatedly denying his requests to use his restroom and directing him to urinate in the yard was unreasonable and that the violation was clearly established under the circumstances. It affirmed dismissal of the duplicative Fourteenth Amendment substantive-due-process claim and remanded for further proceedings on the Fourth Amendment seizure claim. Judge Nalbandian concurred in part and dissented in part, concluding that the restroom restriction did not violate the Fourth Amendment.