Mardi v. Zeigler

Dist. Ct. erred in denying defendants-police officers’ motion for summary judgment, asserting that they were entitled to qualified immunity in section 1983 action by plaintiff-Nigerian national, alleging that defendants failed to comply with Article 36 of Vienna Convention in Consular Relations, which requires “authorities” to inform plaintiff of his right to have his own consular officials alerted to his arrest or detention. While defendants failed to comply with Article 36 notification obligation after plaintiff was arrested and charged with drug offense, defendants were entitled to qualified immunity, where case law was unclear as whether instant defendants, who arrested, transported and interrogated plaintiff within three-hour period had any duty to ascertain plaintiff’s nationality and then inform him of his Convention rights.