Whether the allegations establish a Fourth Amendment violation and qualified immunity defense

QUESTIONS PRESENTED _A-search of a medical clinic pursuant to an ad| ministrative search warrant that resulted in the doctor being detained for three to four hours under circumstances found by the district court to constitute an arrest. During that time, an investigator, who is a : : peace officer. under state law with the power to make ; arrests without warrant for a crime committed in his presence, pushed the doctor down, drew his gun multiple times, and limited the doctor’s movement and ac. cess to facilities such as the restroom. : The issues are (1) whether these allegations es. tablish a clearly defined Fourth Amendment violation, : namely an arrest made without probable cause and , the intrusive detention, such that the investigator may not rely upon a qualified immunity defense; and (2) whether the Fifth Circuit violated the standard of : review for a judgment on the pleadings and holding in ; Tolan v. Cotton, 572 U.S. 650, 660 (2014) (per curiam) “by weighing the evidence and reaching factual inferences contrary to [petitioner’s] competent evidence” in determining whether the investigator’s “actions vio: lated clearly established law.”