News & Analysis as of

Qualified Immunity

Zuckerman Spaeder LLP

Rolling Down Hill: Qualified Immunity’s Role in Prolonging Mistaken-Identity Arrests

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A 1971 Supreme Court Decision of Doubtful Vitality Thwarts § 1983 Liability for Mistaken-Identity Arrests and Stifles Development of Clear Constitutional Rules - Kafka would love qualified immunity.1 Not only does current...more

Marshall Dennehey

Third Circuit Holds There Is No Right to Intervention in a Medical Context

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Key Points: There is a constitutional right to medical care for those individuals in custody. Although there is a right to have a government actor intervene when the underlying constitutional violation involves excessive...more

Marshall Dennehey

More Than Testimony Is Needed to Establish an Emergency Call for Immunity Purposes

Marshall Dennehey on

Robinson v. Cleveland, 8th Dist. Cuyahoga No. 112798, 2024-Ohio-969 - A Cleveland police officer was stopped at a stop light. Without turning on his lights and sirens, he checked for oncoming traffic and advanced through the...more

Marshall Dennehey

Third Circuit Clarifies Availability of Qualified Immunity for Police Officers Accused of Deliberate Indifference to Arrestees’...

Marshall Dennehey on

In Thomas v. City of Harrisburg, et al., 2023 WL 8461096 (3d Cir. Dec. 6, 2023), the United States Court of Appeals for the Third Circuit recently determined that police officers were not entitled to qualified immunity where...more

Marshall Dennehey

Mistake of Fact Is Insufficient for Qualified Immunity in an Operating While Intoxicated Arrest.

Marshall Dennehey on

Akima v. Peca, 85 F.4th 416 (6th Cir. 2023) - The plaintiff, an Asian male in the U.S. on a visa, was pulled over for a broken headlight. The plaintiff attempted to exit the vehicle during the stop, allegedly a possible sign...more

DRI

[Event] Civil Rights and Governmental Tort Liability Seminar - January 17th - 19th, Phoenix, AZ

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​​​​​​​DRI is proud to announce the 37th annual Civil Rights and Governmental Tort Liability Seminar in Phoenix, AZ! This seminar will provide you with invaluable information and tools to represent your governmental clients....more

Marshall Dennehey

Clearly Established Constitutional Right: A Fact-Specific, Published Finding Is Necessary to Clearly Establish a “Private Act of...

Marshall Dennehey on

Linden v. City of Southfield, Michigan, No. 22-1681, Jul. 26, 2023 - Emergency medical personnel were granted qualified immunity after pronouncing a person dead, despite her still demonstrating respiratory movement and...more

Marshall Dennehey

Third Circuit Reaffirms the Requirements of Disregarding Qualified Immunity for Law Enforcement Officers

Marshall Dennehey on

Miguelina Pena, et al. v. City of Lancaster et al., No. CV 21-590, 2023 WL 5807005, at *1 (E.D. Pa. Sept. 7, 2023) - Following the fatal shooting of her son during a mental health episode where he was in possession of a...more

Miller Canfield

Sixth Circuit Rules that Brandished Firearm Could Be 'Threat of Violence' Infringing on Constitutionally-Protected Free Speech

Miller Canfield on

In an opinion published on May 31, 2023, MacIntosh v Clous, the Sixth Circuit Court of Appeals held that the conduct of a county commissioner who responded to a constituent’s criticisms during a virtual public meeting by...more

Ward and Smith, P.A.

Civil Rights Claims: Bringing a Lawsuit under Section 1983

Ward and Smith, P.A. on

Know Your Civil Rights - Nobody is above the law. Law enforcement and other government work is a high calling of service. People deserve to trust the police and the government. Almost always, law enforcement officers and...more

Clark Hill PLC

Civil Rights Litigation in Nevada After Mack v. Williams

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The Nevada Supreme Court’s opinion and analysis in Mack v. Williams (2022) have the potential to fundamentally shift civil rights litigation from the Federal to the State court, but the door will not remain open for too long...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Bivens and Montana Insurance Law

This week, the Court addresses the availability of a Bivens cause of action against federal officials and certifies two insurance law questions to the Montana Supreme Court. The Court holds that a Bivens cause of action...more

Bricker Graydon LLP

College Athlete Misconduct: What Process is Due? (Part 2)

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Last week, we began discussing Radwan v. Manuel, a case recently decided by the U.S. Circuit Court for the Second Circuit regarding discipline faced by a soccer player at the University of Connecticut, a public institution....more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Public Fora and Pretrial Disclosures

This week, the Court wrestles with a thorny First Amendment question that has divided other Courts of Appeals and considers district courts’ ability to impose sanctions under Rule 37(c)(1). The Court holds that two local...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

FMLA Interference: Court Finds Defendants’ Motion to Dismiss to Be Premature

In Smith v. School Board for the City of Norfolk, Virginia, et al., No. 2:21-cv-138 (November 5, 2021), the U.S. District Court for the Eastern District of Virginia refused to grant a motion to dismiss to the Norfolk School...more

Baker Donelson

A Victory for Qualified Immunity. A Trend to Continue?

Baker Donelson on

Events from recent years related to alleged police misconduct raised major questions surrounding the protections afforded by qualified immunity to police officers in excessive force claims. Two recent Supreme Court decisions...more

Rumberger | Kirk

United States Supreme Court Affirms Officers’ Entitlement to Qualified Immunity

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Law enforcement critics have launched concerted attacks on the doctrine of qualified immunity in an effort to mischaracterize the doctrine as allowing police officers to escape liability for clearly unconstitutional conduct. ...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Lombardo v. St. Louis

On June 28, 2021, the U.S. Supreme Court decided Lombardo v. St. Louis, 20-391, holding per curium that excessive force precedent requires courts to employ a “careful, context-specific analysis” on summary judgment. In...more

Poyner Spruill LLP

Torres v. Madrid (New Excessive Force Opinion from SCOTUS)

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In a 5-3 decision authored by Chief Justice Roberts, the U.S. Supreme Court ruled in Torres v. Madrid that a woman who was shot while fleeing from police officers was “seized,” even though she remained at large. ...more

Rumberger | Kirk

Qualified Immunity: The Commonly Misunderstood Defense and Opponents’ Efforts to Expose Law Enforcement Officers to Financial Ruin

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Recent unrest has thrust the doctrine of qualified immunity into the spotlight.  Many of those who oppose law enforcement frequently misrepresent the nature, extent, and intent of this limited immunity.  Doing so fosters the...more

Dorsey & Whitney LLP

The Supreme Court - February 25, 2021

Dorsey & Whitney LLP on

Brownback v. King, No. 19-546: Under the Federal Tort Claims Act (“FTCA”), a plaintiff is allowed to bring certain state-law tort suits against the Federal Government in federal court. An FTCA claim is actionable if it...more

Bradley Arant Boult Cummings LLP

False Claims Act 2020 Year in Review

This year saw substantial activity in FCA settlements and litigated court cases. Although no single case or development dominated the discourse this year, several important court decisions were issued, including two that may...more

Seyfarth Shaw LLP

Third Circuit Refuses to Grant Immunity to Pennsylvania Judge on Probation Officer’s Harassment Claims

Seyfarth Shaw LLP on

Seyfarth Synopsis: Qualified immunity did not supply a Pennsylvania judge with a get out of jail free card, the Third Circuit concluded, holding that sexual harassment and retaliation in the workplace violate clearly...more

Rivkin Radler LLP

The Employment Law Reporter

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Federal Court Rejects New York City Police Officer’s Employment Discrimination Action The U.S. District Court for the Southern District of New York has granted summary judgment to the defendants in an employment...more

Williams Mullen

[Webinar] CLE Institute - Justice is Collar Blind - October 8th, 3:00 pm - 4:30 pm ET

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This program will trace investigatory tactics and legal concepts from their blue-collar roots and discuss their application in a white-collar context, including: - Discussion of how the criminal justice system, and the...more

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