In the latest episode in a twisting and grotesque teen sexting case , an collection court hasreversed a scurvy court ’s rulingrelated to the case a 17 - year - one-time boy who was call for to strip , then masturbatein front of police officersin Virginia . A territory court antecedently ruled that the estate of the lead detective , who exit in 2015 , could not be process for violating the boy ’s Fourth Amendment right . The lawsuit can now move forward .
In 2014 , then-17 - year - older Trey Sims was being investigate for exchanging nude exposure with his then-15 - year - old girl . The missy ’s female parent tiptoe off the constabulary to investigate Sims , who was arrested for child smut because of the miss ’s age . While in police force custody , Sims was surrounded by ship’s officer and Detective David Abbott told him to strip and masturbate in execution of instrument of a hunt warrant obtained in the case . The officers sought to take ikon of the male child ’s erect penis to compare them to ones they had recuperate from the little girl ’s telephone .
courtyard documents say Sims “ unsuccessfully attempted to comply with ” the request and Abbot took pictorial matter of the boy ’s flaccid penis with his cellular telephone . Later , Abbott secern Sims that if he did not achieve an erection for the detective to shoot , he would be take to a infirmary and impart an “ erection - producing injection . ” Ultimately , none of the photos were used in the case against Sims , who receive a one - year suspended sentence with the direction against him dismissed after he complete probation .
Disturbingly , Detective David Abbott , the track investigator named in Sims ’ wooing , committed suicide in 2015 . police force arrived at Abbott ’s home to contain him in connection with lewd text messages which he ’d ship to two 13 - yr - old boy . According to The Washington Post , police enunciate Abbott had been asking one male child for sexuality acts “ for more than two years . ” After a four - hr standoff , Abbott exited the house and fritter away himself .
In 2016 , Sims filed a suit against Abbot ’s estate of the realm arguing the request violated his Fourth Amendment rights , which protect against outlawed hunting and capture . A lower court ab initio ruled that Abbott was protected by qualified immunity , which shields public officials from liability when their action do not violate “ clearly established ” rights . The appeals court incur in Sims ’ favor on Tuesday , order the infraction of his rights was “ obvious . ”
“ We can not perceive any context that would rationalize a police hunt require an mortal to masturbate in the presence of others , ” drop a line the court in its decisiveness .
The appeals motor hotel , however , did not to vacate a previous decision on the other title in Sims ’ case . Sims argued that , because of his eld , the photos take of him were child porno and he attempt damages as a victim . Neither court found in his favor . Sims ’ suit will now be heard in a district Margaret Court .
[ Techdirt ]
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