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Reason
Reason
Jacob Sullum

The 5th Circuit Rejects Qualified Immunity for a Child-Snatching Texas Cop Who Falsely Alleged Abandonment

Around 10 a.m. on a Friday in October 2018, 14-year-old Jade McMurry was confronted by two police officers, Kevin Brunner and Alexandra Weaver, at the door to the apartment in Midland, Texas, that she shared with her parents and her 12-year-old brother. Jade, who was homeschooled and in the midst of her online studies, did not understand what the officers, both of whom worked for the Midland Independent School District, were doing there. But within a minute, they had decided she needed to be rescued.

Brunner told Jade to put on warmer clothing so she could leave the apartment. As Jade began to follow Brunner's instructions, body camera video showed, he asked her, "Do you mind if she [Weaver] comes in the house with you?" Jade's response was ambiguous: "Mm-hmm." Then she burst into tears, saying, "I'm scared."

Taking that as an invitation, Weaver entered the apartment and began poking around. She inspected the living room and the kitchen, opening the pantry, the refrigerator, and the freezer. Her search found no evidence that Jade was in any danger. She and Brunner nevertheless removed Jade from her home, grilled her, prevented her from communicating with her parents, and took her to Abell Junior High School. Jade was detained until that afternoon, when the cops finally let her go after Texas Child Protective Services (CPS) concluded there was no evidence of abuse or neglect.

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