Appeals Court Reviews Tempe Police Body Camera Case
Judges evaluate whether officers violated rights by recording a patient in a hospital room.
Updated on Oct. 29, 2026 in Sex Crimes
The Ninth Circuit Court of Appeals is reviewing a lawsuit involving two Tempe police officers who removed their body cameras to record a handcuffed woman in a hospital. The court is determining if the officers lost their qualified immunity regarding the 2022 incident.
Why it matters
The case questions whether police officers can claim qualified immunity when they use body-worn cameras to monitor individuals in private settings. It highlights ongoing concerns regarding officer conduct and the interpretation of established law during sensitive police interactions.
A lower court previously dismissed the lawsuit by granting the officers qualified immunity. The matter is currently under review by the Ninth Circuit Court of Appeals to determine if that immunity holds.
The players
Ninth Circuit Court of Appeals
This federal court hears appeals from district courts within its jurisdiction and is currently evaluating the legality of the officers' conduct.
Tempe Police Department
The local agency responsible for the officers involved and the subsequent internal investigation of the incident.
Marra Guajardo
An officer who testified that the practice of removing body cameras at hospitals was routine.
The details
Two officers removed their body cameras at a hospital, using them as stationary surveillance devices to watch a handcuffed, mostly naked woman for three hours. Although internal investigators did not interview the officers and cleared them of wrongdoing, the incident prompted the Tempe Police Department to update its policy to mandate that cameras remain on an officer's person at all times.
Timeline
The incident occurred in December 2022.
The Ninth Circuit Court of Appeals held a hearing on October 28, 2026.
Legal Context
The case directly tests the limits of the doctrine of qualified immunity, which typically shields government officials from liability unless they violate clearly established rights. This legal battle reflects a broader judicial trend of scrutinizing police conduct involving surveillance technologies.
The outcome of this case may lead to stricter oversight of how local police use surveillance tools in medical facilities. Residents should be aware that the Tempe Police Department has already implemented a policy update requiring officers to keep body cameras on their persons.
The takeaway
This case highlights the legal tension between standard police surveillance practices and individual privacy rights in medical environments. It serves as a reminder of how internal agency policy updates can be triggered by public scrutiny of officer conduct.
Further reading
Learn more about local proceedings in the Sex Crimes section.
Source note: This article includes information reported by abc15 Arizona.
