Lead Opinion
Plaintiff-Appellant Phillip Turner was video recording a Fort Worth police station from a public sidewalk across the street when Defendants-Appellees Officers Grinalds and Dyess approached him and asked him for identification. Turner refused to identify himself, and the officers ultimately handcuffed him and placed him in the back of a patrol car. The officers’ supervisor, Defendant-Appellee Lieutenant Driver, arrived on scene and, after Driver checked with Grinalds and Dyess and talked with Turner, the officers released Turner. He filed suit against all three officers and the City of Fort Worth under 42 U.S.C. § 1983, alleging violations of his First and Fourth Amendment rights. Each officer filed a motion to dismiss, insisting that he was entitled to qualified immunity on Turner’s claims. The district court granted the officers’ motions, concluding that they were entitled to qualified immunity on all of Turner’s claims against them. Turner timely appealed. We affirm in part and reverse and remand in part.
I.
Facts and Proceedings
A. Facts
In September 2015, Turner videotaped the Fort Worth Police Station from a public sidewalk across the street from the station. He was unarmed. While videotaping, Turner observed Fort Worth Police Officers Grinalds and Dyess pull up in a patrol car in front of the station, get out, and approach him.
Grinalds asked Turner, “How’s it going, man? Got your ID with you?” Turner continued videotaping, and Grinalds repeatedly asked Turner if he had any identification. Turner asked the officers whether he was being detained, and Grinalds responded that Turner wás being detained.for investigation and that the officers were concerned about who was walking around with a video camera. Turner asked for which crime he'was being detained, and Grinalds replied, “I didn’t say you committed a crime.” Grinalds elaborated, ‘We have the right and authority to know who’s walking around our facilities.”
Grinalds again asked for Turner’s identification, and Turner asked Grinalds, “What happens if I don’t ID myself?” Grinalds replied, “We’ll cross that bridge when we come to it.” Grinalds continued to request Turner’s identification, which Turner refused to provide. Grinalds and Dyess then “suddenly and without warning” handcuffed Turner and took his video camera from him, and Grinalds said, “This is what happens when you don’t ID yourself.”
Turner requested to see a supervisor. Grinalds continued to ask for Turner’s ID and told him that he would be fingerprinted so the officers could learn his identity. The officers placed the handcuffed Turner in the back of their patrol car and “left him there to sweat for a while with the windows rolled up.” Turner alleges that no air was getting to the back seat and that he
Lieutenant Driver approached Grinalds and Dyess, and they “seemingly ignored Mr. Turner.” The three officers then rolled down the windows of the patrol car and found Turner lying down in the back seat. Lieutenant Driver identified himself as the commander. Driver asked Turner what he was doing, and Turner explained that he was taking pictures from the sidewalk across the street. Driver asked Turner for his ID, and Turner told the lieutenant that he did not have to identify himself because he had not been lawfully arrested and that he chose not to provide his identification. Driver responded, “You’re right.”
Driver walked away and talked with the officers, then returned to the. patrol car and talked with Turner. Turner said, “You guys need to let me go because I haven’t done anything wrong.” Driver again walked away from the car, talked on the phone, and spoke further with the officers. They returned to the ear and took Turner out of the back seat. Driver “lectur[ed]” Turner, and the officers finally released him and returned his camera to him.
B. Proceedings
In October 2015, Turner filed suit in the Northern District of Texas against Driver, Grinalds, and Dyess (collectively, “defendants”) in their individual capacities. Each officer filed a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Turner filed an amended complaint in January 2016, adding the City of Fort Worth as a defendant.
The three officers filed motions to dismiss Turner’s amended complaint. The district court granted the motions to dismiss on the basis of qualified immunity. The court reasoned that Turner failed to meet his burden of showing that the defendants were not entitled to qualified immunity because he failed to show that their actions violated any of his clearly established statutory or constitutional rights or that their actions were objectively unreasonable.
II.
Standard of Review
We review a district court’s grant of a motion to dismiss based on qualified immunity de novo.
III.
Analysis
“To state a claim under 42 U.S.C. § 1988, a plaintiff must first show a violation of the Constitution or of federal law, and then show that the violation was committed by someone acting under color of state law.”
A. First Amendment
The district court concluded that the defendants were entitled to qualified immunity on Turner’s First Amendment claim because he failed to demonstrate that the defendants’ actions violated a clearly established right or that their actions were objectively unreasonable. In particular, the district court ruled that a First Amendment right to video record police activity was not clearly established. The district court’s analysis rested on the second, “clearly established,” prong, so we begin there.
1. Whether the Right Was Clearly Established in September 2015
For a right to be clearly established, “[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.”
At the time in question, neither the Supreme Court nor this court had determined whether First Amendment protection extends to the recording or filming of police.
The district court stated that circuit courts “are split as to whether or not there is a clearly established First Amendment right to record the public activities of po
We cannot say, however, that “existing precedent ... placed the ... constitutional question beyond debate” when Turner recorded the police station.
2. Whether the Right Is Clearly Established Henceforth
Although the right was not clearly established at the time of Turner’s activities, whether such a right exists and is protected by the First Améndment presents a separate and distinct question.
The First Amendment protects freedom of speech and freedom of the press.
In addition to the First Amendment’s protection of the broader right to film, the principles underlying the First Amendment support the particular right to film the police. “[T]here is practically universal agreement that a major purpose of [the First] Amendment was to protect the free discussion of governmental affairs.”
Gathering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest in protecting and promoting “the free discussion of governmental affairs.” Moreover, as the [Supreme] Court has noted, “[f]reedom of expression has particular significance with respect to government because ‘[i]t is here that the state has a special incentive to repress opposition and often wields a more effective power of suppression.’ ” This is particularly true of law enforcement officials, who are granted substantial discretion that may be misused to deprive individuals of their liberties. Ensuring the public’s right to gather information about their officials not only aids in the uncovering of abuses, but also may have a salutary effect on the functioning of government*690 more generally.45
Protecting the right to film the police promotes First Amendment principles.
We agree with every circuit that has ruled on this question: Each has concluded that the First Amendment protects the right to record the police.
B. Fourth Amendment
Turner also insists that he has asserted plausible claims under § 1983, to which the defendants are not immune, viz., that the officers violated his Fourth Amendment rights to be free from (1) detention absent reasonable suspicion and (2) warrantless arrest absent probable cause. Because Lieutenant Driver did not arrive on scene until Officers Grinalds and Dyess had already handcuffed Turner and placed him in the back of the patrol car, we' first analyze whether Grinalds and Dyess are entitled to qualified immunity on Turner’s Fourth Amendment claims.
1. Officers Grinalds and Dyess
a. Detention
Turner alleges that Grinalds and Dyess’s initial questioning of him violated his Fourth Amendment right to be free from detention absent reasonable suspicion. “[T]he police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity ‘may be afoot’....”
Even if we assume arguendo that Grinalds and Dyess violated Turner’s Fourth Amendments rights by detaining him without reasonable suspicion, we cannot say that this detention was objectively unreasonable in light of clearly established law.
“The Fourth Amendment is concerned with ensuring that the scope of a given detention is reasonable under the totality of the circumstances.”
We cannot say that, when viewed in light of the totality of the circumstances, Grinalds and Dyess’s initial questioning or detention of Turner, before he was handcuffed, was objectively unreasonable in light of clearly established law. Accordingly, Grinalds and Dyess are entitled to qualified immunity on Turner’s claim that they violated his Fourth Amendment right to be free from detention absent reasonable suspicion.
b. Arrest
Turner also contends that the officers violated his Fourth Amendment right to be free from unlawful arrest. The parties dispute whether Turner’s detention amounted to an arrest. “A seizure rises to the level of an arrest only if ‘a reasonable person in the suspect’s position would have understood the situation to constitute a restraint on freedom of movement of the degree which the law associates with for
Turner alleges that he was handcuffed and placed in the back of the patrol car, where the officers left him “for a while.” There is “no rigid time limitation” on investigative stops, but “[i]n assessing whether a detention is too long in duration to be justified as an investigative stop, we consider it appropriate to examine whether the police diligently pursued a means of investigation that was likely to confirm or dispel their suspicions quickly, during which time it was necessary to detain the defendant.”
When a police detention amounts to a warrantless arrest, as Turner has alleged it did here, the arrest must be accompanied by probable cause.
Based on the allegations of Turner’s amended complaint, the officers lacked probable cause to arrest him, and the officers do not dispute this.
The Fourth Amendment right to be free from arrest without probable cause was clearly established at the time of Turner’s alleged arrest.
2. Lieutenant Driver
Turner insists that Driver violated his Fourth Amendment rights by “continuing the unlawful seizure and subsequent handcuffing and arrest and keeping Turner locked in the back of the police car after Driver arrived on the scene.”
Supervisory officials are not liable under § 1983 for the actions of subordinates on any theory of vicarious liability.
To be liable under § 1983, Driver must have been personally involved in the alleged constitutional deprivation or have engaged in wrongful conduct that is caus
IV.
Conclusion
We affirm the district court’s grant of qualified immunity to Grinalds, Dyess, and Driver on Turner’s First Amendment claim and on his Fourth Amendment claim for unlawful detention. With respect to Turner’s Fourth Amendment claim for unlawful arrest, we affirm the district court’s grant of qualified immunity as to Driver, but we reverse as to Grinalds and Dyess and remand for further proceedings on that claim.
AFFIRMED in part; REVERSED and REMANDED in part.
. All facts derive from the plaintiff's amended complaint and, in this posture, are taken as true. Bowlby v. City of Aberdeen, Miss., 681 F.3d 215, 219 (5th Cir. 2012).
. Defendant City of Fort Worth did not file a motion to dismiss and is not a party to this appeal.
. Although Turner alleged in the district court that the defendants violated his Fourteenth Amendment rights, he has not raised an issue on appeal regarding a Fourteenth Amendment claim.
. The district court's analysis rested entirely on its determination that a First Amendment right to videotape police activity was not clearly established.
. Whitley v. Hanna, 726 F.3d 631, 637 (5th Cir. 2013).
. Id.
. Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)).
. id.
. Id.
. Twombly, 550 U.S. at 555, 127 S.Ct. 1955.
. Beavers v. Metro. Life Ins. Co., 566 F.3d 436, 439 (5th Cir. 2009) (quoting Fernandez-Montes v. Allied Pilots Ass’n, 987 F.2d 278, 284 (5th Cir. 1993)).
. Atteberry v. Nocona Gen. Hosp., 430 F.3d 245, 252-53 (5th Cir. 2005).
. Morgan v. Swanson, 659 F.3d 359, 370 (5th Cir. 2011) (en banc).
. Atteberry, 430 F.3d at 253.
. Whitley, 726 F.3d at 638 (quoting Ashcroft v. al-Kidd, 563 U.S. 731, 735, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011)).
. Morgan, 659 F.3d at 371.
. Anderson v. Creighton, 483 U.S. 635, 640, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987).
. Lane v. Franks, - U.S. -, 134 S.Ct. 2369, 2381, 189 L.Ed.2d 312 (2014) (quoting al-Kidd, 563 U.S. at 735, 131 S.Ct. 2074).
. Morgan, 659 F.3d at 371 (alteration in original) (quoting al-Kidd, 563 U.S. at 741, 131 S.Ct. 2074).
. Id. at 371-72 (internal quotation marks omitted).
. Id. at 372 (citation omitted).
. Wilson v. Layne, 526 U.S. 603, 618, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999); see also Morgan, 659 F.3d at 372.
. Even intracircuit decisions in which courts determine that the right to record police activities is clearly established note that there is no controlling authority on this specific issue. See, e.g., Turner v. City of Round Rock, No. 15-CV-939-RP, ECF No. 43 (W.D. Tex. May 25, 2016) ("The Fifth Circuit apparently has not explicitly noted a right to film police or outlined the contours of such a right.”).
. See, e.g., id.; Buehler v. City of Austin, No. 1:13-CV-1 100-ML, ECF No. 54 (W.D. Tex. July 24, 2014).
. al-Kidd, 563 U.S. at 742, 131 S.Ct. 2074.
. Turner relies on cases such as Joseph Burs-tyn, Inc. v. Wilson, 343 U.S. 495, 72 S.Ct. 777, 96 L.Ed. 1098 (1952), Shillingford v. Holmes, 634 F.2d 263 (5th Cir. Unit A Jan. 1981), and In re Express-News Corp., 695 F.2d 807 (5th Cir. 1982), to support his assertion that the right to record police is clearly established under Supreme Court and Fifth Circuit precedent. None of the cases on which Turner relies, however, taken individually or collectively, demonstrates such a clearly established right. For example, in Joseph Burstyn, the Supreme Court limited its analysis to whether motion pictures fall within the scope of the First Amendment. See Joseph Burstyn, 343 U.S. at 501-02, 72 S.Ct. 111. Shillingford did not involve any First Amendment challenge. See Shillingford, 634 F.2d at 264-66. And In re Express-News pertained to a news reporter’s ability to interview jurors after they serve on a criminal trial. In re Express-News, 695 F.2d 807.
. See, e.g., Gericke v. Begin, 753 F.3d 1, 7 (1st Cir. 2014) ("Recognizing that it is firmly established that the First Amendment protects 'a range of conduct' surrounding the gathering and dissemination of information, we held [in Glik v. Cunniffe] that the Constitution protects the right of individuals to videotape police officers performing their duties in public.”); Glik v. Cunniffe, 655 F.3d 78, 82 (1st Cir. 2011) ("The First Amendment issue here is, as the parties frame it, fairly narrow: is there a constitutionally protected right to videotape police carrying out their duties in public? Basic First Amendment principles, along with case law from this and other circuits, answer that question unambiguously in the affirmative.”); Smith v. City of Cumming, 212 F.3d 1332, 1333 (11th Cir.), cert. denied, 531 U.S. 978, 121 S.Ct. 426, 148 L.Ed.2d 435 (2000) (holding that there exists "a First Amendment right, subject to reasonable time, manner and place restrictions, to photograph or videotape police conduct”).
. Am. Civil Liberties Union v. Alvarez, 679 F.3d 583, 595-602 (7th Cir. 2012).
. See, e.g., Kelly v. Borough of Carlisle, 622 F.3d 248, 261-62 (3d Cir. 2010) (holding that a First Amendment right to videotape police officers during traffic stops was not clearly established); Szymecki v. Houck, 353 Fed.Appx. 852, 853 (4th Cir. 2009) (per curiam) (noting that a First Amendment right to record police activities on public property was not clearly established); McCormick v. City of Lawrence, Kan., 130 Fed.Appx. 987, 988-89 (10th Cir. 2005) (explaining that it was not clearly established that police violated the First Amendment by destroying recordings of police activity at roadside sobriety checkpoints).
. Morgan, 659 F.3d at 372 (quoting al-Kidd, 563 U.S. at 741, 131 S.Ct. 2074).
. Id. at 371 (second alteration in original) (quoting al-Kidd, 563 U.S. at 741, 131 S.Ct. 2074).
. See Pearson v. Callahan, 555 U.S. 223, 236, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009).
. Compare Basler v. Barron, No. 15-CV-2254, 2016 WL 1672573, at *3 (S.D. Tex. Apr. 27, 2016) ("It is well established that the gathering of information about government affairs or matters of public concern — including recording police activity — is protected by the First Amendment.”), and Buehler v. City of Austin, 2015 WL 737031, at *9 ("In light of the existing Fifth Circuit precedent and the robust consensus among circuit courts of appeals, the Court concludes that the right to photograph and videotape police officers as they perform their official duties was clearly established at the time of Buehler's arrests.”), aff'd on other grounds, 824 F.3d 548 (5th Cir. 2016); Turner, No. 15-CV-939-RP, ECF No. 43 at *11 ("The Fifth Circuit apparently has not explicitly noted a right to film police or outlined the contours of such a right. However, '[t]he First Amendment protects a private citizen’s right to assemble in a public forum, receive information on a matter of public concern — such as police officers performing their official duties — and to record that information for the purpose of conveying that information.’ ” (alteration in original) (quoting Buehler, 2015 WL 737031, at *7)), with Cadena v. Ray, No. 5:15-CV-552-DAE, 2016 WL 6330438, at *3 n.5 (W.D. Tex. Oct. 27, 2016) ("Since Cadena fails to otherwise show the existence of a clearly established right to videotape police operations, he has failed to meet his burden to overcome the assertion of qualified immunity.”), and Gravolet v. Tassin, No. 08-CV-3646, 2009 WL 1565864, at *3 (E.D. La. June 2, 2009) ("Even assuming that the plaintiff had the ‘clearly established right' to videotape Tassin while on duty, that right does not render the stalking statute inapplicable nor does a video camera immunize the plaintiff from such a charge.”).
. U.S. Const. amend. I.
. First Nat’l Bank of Boston v. Bellotti, 435 U.S. 765, 783, 98 S.Ct. 1407, 55 L.Ed.2d 707 (1978).
. In re Express-News, 695 F.2d at 808 (quoting Branzburg v. Hayes, 408 U.S. 665, 681, 92 S.Ct. 2646, 33 L.Ed.2d 626 (1972)).
. See Davis v. E. Baton Rouge Par. Sch. Bd., 78 F.3d 920, 928 (5th Cir. 1996).
. Va. State Bd. of Pharmacy v. Va. Citizens Consumer Council, Inc., 425 U.S. 748, 757, 96 S.Ct. 1817, 48 L.Ed.2d 346 (1976) (internal quotation marks omitted).
. Houchins v. KQED, Inc., 438 U.S. 1, 11, 98 S.Ct. 2588, 57 L.Ed.2d 553 (1978) (internal quotation marks omitted).
. See e.g., Kingsley Int’l Pictures Corp. v. Regents of Univ. of State of N.Y., 360 U.S. 684, 688, 79 S.Ct. 1362, 3 L.Ed.2d 1512 (1959) ("What New York has done, therefore, is to prevent the exhibition of a motion picture because that picture advocates an idea — that adultery under certain circumstances may be proper behavior. Yet the First Amendment’s basic guarantee is of freedom to advocate ideas. The State, quite simply, has thus struck at the very heart of constitutionally protected liberty.”); Superior Films, Inc. v. Dep’t of
. Alvarez, 679 F.3d at 596 (citing Anderson v. City of Hermosa Beach, 621 F.3d 1051, 1061-62 (9th Cir. 2010)); see also id. at 595 ("The act of making an audio or audiovisual recording is necessarily included within the First Amendment’s guarantee of speech and press rights as a corollary of the right to disseminate the resulting recording. The right to publish or broadcast an audio or audiovisual recording would be insecure, or largely ineffective, if the antecedent act of making the recording is wholly unprotected....”).
. Anderson, 621 F.3d at 1061-62.
. Mills v. Alabama, 384 U.S. 214, 218, 86 S.Ct. 1434, 16 L.Ed.2d 484 (1966).
. Citizens United v. Fed. Election Comm’n, 558 U.S. 310, 339, 130 S.Ct. 876, 175 L.Ed.2d 753 (2010) (citation omitted).
. Glik, 655 F.3d at 82-83 (citations omitted).
. See Alvarez, 679 F.3d at 595-96; Glik, 655 F.3d at 82, 85; Smith, 212 F.3d at 1333; see also Fordyce v. City of Seattle, 55 F.3d 436, 439 (9th Cir. 1995).
. Glik, 655 F.3d at 82.
. Id. at 84.
. See, e.g., Consol. Edison Co. of N.Y. v. Pub. Serv. Comm’n of N.Y., 447 U.S. 530, 535-36, 100 S.Ct. 2326, 65 L.Ed.2d 319 (1980) (discussing history of time, place, and manner restrictions).
. Glik, 655 F.3d at 84; see, e.g., Smith, 212 F.3d at 1333. “Importantly, an individual’s exercise of her First Amendment right to film police activity carried out in public ... necessarily remains unfettered unless and until a reasonable restriction is imposed or in place.” Gericke, 753 F.3d at 8.
. See Glik, 655 F.3d at 84 ("We have no occasion to explore those limitations here, however.”).
. McCullen v. Coakley, U.S. -, 134 S.Ct. 2518, 2529, 189 L.Ed.2d 502 (2014) (quoting Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989)).
. Id. at 2535 (internal quotation marks omitted).
. United States v. Sokolow, 490 U.S. 1, 7, 109 S.Ct. 1581, 104 L.Ed.2d 1 (1989) (quoting Terry v. Ohio, 392 U.S. 1, 30, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968)). This type of stop is also known as a “Terry stop.”
. United States v. Arvizu, 534 U.S. 266, 273, 122 S.Ct. 744, 151 L.Ed.2d 740 (2002) (quoting United States v. Cortez, 449 U.S. 411, 417-18, 101 S.Ct. 690, 66 L.Ed.2d 621 (1981)).
. Carroll v. Ellington, 800 F.3d 154, 171 (5th Cir. 2015) (alteration in original) (quoting United States v. Silva, 957 F.2d 157, 160 (5th Cir. 1992)), cert. denied, - U.S. -, 137 S.Ct. 492, 196 L.Ed.2d 403 (2016).
. Gonzalez v. Huerta, 826 F.3d 854, 857 n.4 (5th Cir. 2016) ("We may proceed directly to the second prong of the qualified immunity analysis without explicitly ruling on the first.” (citing Pearson, 555 U.S. at 227, 129 S.Ct. 808)), cert. denied, - U.S. -, 137 S.Ct. 697, 196 L.Ed.2d 529, 2017 WL 69303 (U.S. 2017).
. See U.S. Const. amend. IV; Ibarra v. Harris Cty. Tex., 243 Fed.Appx. 830, 833 (5th Cir. 2007) (per curiam) ("The law is clearly established that a detention is objectively unreasonable if the police officers lacks reasonable suspicion to believe that the person is engaged in criminal activity....” (citing Brown v. Texas, 443 U.S. 47, 51, 99 S.Ct. 2637, 61 L.Ed.2d 357 (1979))).
. Gonzalez, 826 F.3d at 857-58 (citing al-Kidd, 563 U.S. 731, 131 S.Ct. 2074); see Wilson, 526 U.S. at 615, 119 S.Ct. 1692 ("It could plausibly be asserted that any violation of the Fourth Amendment is 'clearly established,’ since it is clearly established that the protections of the Fourth Amendment apply to the actions of police.... However, ... the right allegedly violated must be defined at the appropriate level of specificity before a court can determine if it was clearly established.”).
. Kinney v. Weaver, 367 F.3d 337, 350 (5th Cir. 2004).
. Morgan, 659 F.3d at 371 (alteration in original) (quoting al-Kidd, 563 U.S. at 741, 131 S.Ct. 2074).
. United States v. Brigham, 382 F.3d 500, 508 (5th Cir. 2004) (en banc).
.See, e.g., Jason Hanna and Joe Sutton, Dallas Police HQ Shooting: Suspect James Boulware Kitted During Standoff, CNN (June 13, 2015), http://www.cnn.com/2015/06/13/us/ dallas-police-headquarters-shooting ("A man unleashed a barrage of gunfire on Dallas’ police headquarters and planted explosives outside the building early Saturday.”); Austin Gunman Dead after Downtown Shooting Rampage, KXAN (Nov. 28, 2014), http:// kxan.com/2014/11/28/austin-poIice-shut-down-city-streets-for-activeshooter-investigation/ (“A gunman opened fire at four different buildings, including [Austin Police Department] headquarters.... An officer about to get off duty saw the suspect near [the police department] HQ and opened fire on the suspect who fell to the ground.”).
"Specific facts and propositions of generalized knowledge which are capable of immediate and accurate determination by resort to easily accessible sources of indisputable accuracy may be judicially noticed.” Weaver v. United States, 298 F.2d 496, 498 (5th Cir. 1962); see also United States v. Ramos, 629 F.3d 60, 66-68 (1st Cir. 2010) (concluding that the officers had reasonable suspicion that criminal activity was afoot under the totality of the circumstances, including that the officers “were particularly alert to the risk of attacks on public transit systems in light of the coordinated terrorist attacks on Madrid commuter rail trains ... less than three months earlier”).
. Ramos, 629 F.3d at 66-67.
. Mocek v. City of Albuquerque, 813 F.3d 912, 924 (10th Cir. 2015).
. Malley v. Briggs, 475 U.S. 335, 341, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986).
. See Carroll, 800 F.3d at 171 (concluding that, because the plaintiffs “have not shown that [the defendant] was objectively unreasonable in light of clearly established law in initially attempting to detain [the deceased] for investigatory questioning,” the defendant was entitled to qualified immunity).
. Id. at 170 (quoting United States v. Corral-Franco, 848 F.2d 536, 540 (5th Cir. 1988)).
. Corral-Franco, 848 F.2d at 540 (quoting United States v. Bengivenga, 845 F.2d 593 (5th Cir. 1988)).
. United States v. Sanders, 994 F.2d 200, 206-07 (5th Cir. 1993).
. Id. at 206.
. Florida v. Royer, 460 U.S. 491, 500, 103 S.Ct. 1319, 75 L.Ed.2d 229 (1983).
. United States v. Sharpe, 470 U.S. 675, 685-86, 105 S.Ct. 1568, 84 L.Ed.2d 605 (1985).
. The appellees rely on cases such as United States v. Bullock, 632 F.3d 1004 (7th Cir. 2011); United States v. Maltais, 403 F.3d 550 (8th Cir. 2005); and Haynie v. Cty. of Los Angeles, 339 F.3d 1071 (9th Cir. 2003), to argue that their actions did not amount to a de facto arrest. These out-of-circuit cases, however, are inapposite. In Bullock, the defendant was handcuffed and placed in a patrol car for 30 to 45 minutes while the officers executed a search warrant for narcotics. Bullock, 632 F.3d at 1009, 1011. The Seventh Circuit found that, "while the facts ... approach the outer boundaries of a permissible Terry stop,” the defendant's seizure did not amount to a de facto arrest:
Given that officers were conducting a search for drugs, it was reasonable to place [the defendant] in handcuffs and in the squad car for their safety while they pursued their investigation.... Drag crimes are associated with dangerous and violent behavior and warrant a higher degree of precaution. Officers could reasonably believe that [the defendant] was potentially dangerous and a flight risk because of his awareness of the search warrant, his association with the residence, and the officers’ reasonable suspicion that he was involved in narcotics distribution.
Id. at 1016 (citation omitted). Here, there was no suspicion that Turner was involved in a drug-related offense, and nothing in the amended complaint suggests that the officers in this case shared any of the concerns that the officers in Bullock had.
In Maltais, the Eighth Circuit held that a defendant’s detention in the back of a patrol car for 2 hours and 55 minutes was not unreasonable under the circumstances, as the defendant was in a remote and isolated rural area, only 500 yards from the Canadian border, at 1:00 a.m. Maltais, 403 F.3d at 557. The court went to lengths to explain that "[t]he officers acted with diligence and pursued the quickest and least intrusive means of
. See Sanders, 994 F.2d at 206-07.
. Carroll, 800 F.3d at 170 (internal quotation marks omitted); see also Massey v. Wharton, 477 Fed.Appx. 256, 261 (5th Cir. 2012) (per curiam) ("Tonia Massey was handcuffed and put in the back of a police car, she claims, for two-and-a-half to three hours. There is no indication that the police were investigating her for anything. Under these circumstances, any .reasonable officer should have known that Tonia Massey’s seizure required probable cause, not reasonable suspicion.”); Freeman v. Gore, 483 F.3d 404, 408-09, 413 (5th Cir. 2007) (finding that "a reasonable person in [the plaintiff's] situation would surely believe that she had been restrained to an extent that normally accompanies a formal arrest” because, the plaintiff alleged, she was threatened with arrest, handcuffed, and placed in the back of the patrol car for 30 to 45 minutes after she refused to let sheriff’s deputies search her home without a search warrant).
. Freeman, 483 F.3d at 413.
. Flores v. City of Palacios, 381 F.3d 391, 402 (5th Cir. 2004) (emphasis omitted) (quoting United States v. Levine, 80 F.3d 129, 132 (5th Cir. 1996)).
. United States v. Abdo, 733 F.3d 562, 565 (5th Cir. 2013).
. The officers argue only that the detention did not amount to an arrest. Counsel for Driver conceded at oral argument that, if Turner was arrested, the arrest would have been unlawful because the officers lacked probable cause.
. Gonzalez, 826 F.3d at 858 (citing Brown, 443 U.S. at 52, 99 S.Ct. 2637 ("[E]ven assuming that purpose is served to some degree by stopping and demanding identification from an individual without any specific basis for believing he is involved in criminal activity, . the guarantees of the Fourth Amendment do not allow it."); Hiibel v. Sixth Judicial Dist. Court of Nev., Humboldt Cty., 542 U.S. 177, 188, 124 S.Ct. 2451, 159 L.Ed.2d 292 (2004)); see also Tex. Penal Code § 38.02(a).
. Flores, 381 F.3d at 402 ("An arrest is unlawful unless it is supported by probable cause.”).
. See Club Retro, L.L.C. v. Hilton, 568 F.3d 181, 206 (5th Cir. 2009).
. See id. ("[E]ven law enforcement officials who reasonably but mistakenly conclude that probable cause is present are entitled to immunity.” (internal quotation marks omitted)).
. We note the limited scope of our holding. We hold only that it was clearly established that an officer could not prolong an investigative detention without an investigatory purpose. Because the amended complaint does not allege that Turner posed any threat to the officers or that Grinalds and Dyess continued investigating while Turner was handcuffed in the back of the police car, Turner has pleaded a Fourth Amendment claim. Of course, at this stage of the proceeding, Grinalds and Dyess have not had the opportunity to explain their actions. As this case progresses, they will have the opportunity to explain why they handcuffed and detained Turner and provide evidence supporting their explanation. The facts that come to light through discovery might demonstrate that Turner’s detention did not amount to a de facto arrest or that Grinalds's and Dyess’s actions were not objectively unreasonable. Until then, however, qualified immunity is not proper.
. Thompson v. Upshur Cty., Tex., 245 F.3d 447, 459 (5th Cir. 2001).
. Mesa v. Prejean, 543 F.3d 264, 274 (5th Cir. 2008).
. Id.) see also Matthews v. City of E. St. Louis, 675 F.3d 703, 708 (7th Cir. 2012) (“To show personal involvement, the supervisor must know about the conduct and facilitate it, approve it, condone it, or turn a blind eye for fear of what they might see.” (internal quotation marks omitted)); Jenkins v. Wood, 81 F.3d 988, 995 (10th Cir. 1996) ("A plaintiff may satisfy [the personal involvement] standard by showing the defendant-supervisor personally directed the violation or had actual knowledge of the violation and acquiesced in its continuance.”).
. Sharpe, 470 U.S. at 686, 105 S.Ct. 1568.
Dissenting Opinion
dissenting as to Parts III.A.2 & III.B.l.b:
I respectfully dissent from the majority’s dicta purporting to clearly establish a First Amendment right to film the police and from the majority’s reversal of the district court’s grant of qualified immunity to Officers Grinalds and Dyess regarding Turner’s unlawful arrest claim.
The Supreme Court has repeatedly held that “qualified immunity protects ‘all but the plainly incompetent or those who knowingly violate the law.’ ” See, e.g., Mullenix v. Luna, — U.S. -, 136 S.Ct. 305, 308, 193 L.Ed.2d 255 (2015) (quoting Malley v. Briggs, 475 U.S. 335, 341, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986)). The Supreme Court recently “reiterate[d] the longstanding principle that ‘clearly established law1 should not be defined ‘at a high
I
The majority asserts, unconnected to the particular facts and unnecessary to the disposition of this case, that “a First Amendment right to record the police does exist, subject only to reasonable time, place, and manner restrictions.” The majority derives this general right to film the police from “First Amendment principles, controlling authority, and persuasive precedent.” But the Supreme Court has repeatedly reversed attempts to define “clearly -established law” at such “a high level of generality.” White, 137 S.Ct. at 552.
A law is not clearly established unless and until there is “directly controlling authority” or “a consensus of cases of persuasive authority such that a reasonable officer could not have believed that his actions were lawful.” Gonzalez v. Huerta, 826 F.3d 854, 858 (5th Cir. 2016) (emphasis omitted). To the extent there is any consensus of persuasive authority, those cases focus only on the narrow issue of whether there is a First Amendment right to film the police “carrying out their duties in public.” E.g., Glik v. Cunniffe, 655 F.3d 78, 82 (1st Cir. 2011). Turner did not allege that he filmed police officers conducting their public duties, but rather that he filmed a police station.
The majority does not determine that the officers here violated Turner’s First Amendment rights — perhaps because it would be reasonable for security reasons to restrict individuals from filming police officers entering and leaving a police station. Because the majority does not hold that the officers actually violated the First Amendment, “an officer acting under similar circumstances” in the future will not have violated any clearly established law. See White, 137 S.Ct. at 552.
II
The majority reverses the district court’s grant of qualified immunity to Officers Grinalds and Dyess regarding Turner’s unlawful arrest claim, holding that “it was clearly established that an officer could not prolong an investigative detention without an investigatory purpose.” But the majority “fail[s] to identify a case where an officer acting under similar circumstances as [Officers Grinalds and Dyess] was held to have violated the Fourth Amendment.” White, 137 S.Ct. at 552. Turner alleged only that he was in the police car “a while” — he failed to specify the length of the investigative detention. Perhaps more importantly, Turner clearly alleged that he “asked for a supervisor to come to the scene.” Neither Turner nor the majority identify any case clearly establishing that an officer violated the Fourth Amendment when he extended an investigative detention because the detained individual “asked for a supervisor to come to the scene.”
Because Turner himself requested a supervisor, a reasonable police officer in that situation could believe that waiting for the supervisor to arrive at the scene did not transform Turner’s detention into a de fac-to arrest. At the very least, Officers Gri-nalds and Dyess did not act objectively unreasonably in waiting for the requested supervisor — especially because Lieutenant Driver had to come from the Fort Worth Police Station across the street. Accordingly, I respectfully dissent from the majori