Qualified Immunity

News & Analysis as of

IMLA Files Amicus Brief in Schultz v. Wescom

On Monday, IMLA filed its brief in Schultz v. Wescom, a petition stage Supreme Court case, which involves a question of whether a municipality/police officer may immediately appeal a decision by a district court to defer the...more

Legal Updates for Government Entities Covering March and April 2014

The Gallaghers sued TUSD and a TUSD school employee, Michael Corum, alleging that Corum sexually abused and/or exploited their developmentally challenged daughter at a TUSD school. The Gallaghers claimed that TUSD was...more

Federal Court Report - Fourth Circuit Denies Appeal When There are Genuine Issues of Fact on Defendants’ Immunity Defense

In an unpublished opinion, the Fourth Circuit considered the defendants’ appeal from the denial of their motion for summary judgment based on qualified immunity. Cooper v. Lippa No. 13-2055 (4th Cir. April 4, 2014). The Court...more

Fifth Circuit Rejects Qualified Immunity Defense

The United States Court of Appeals for the Fifth Circuit has affirmed a district court’s summary judgment rejecting a police chief’s attempt to escape First Amendment retaliation liability based on a qualified immunity...more

BB&K Police Bulletin: Qualified Immunity: Warrantless Entry in Hot Pursuit of Misdemeanant Not "Plainly Incompetent"

Overview: The U.S. Supreme Court recently reversed a Ninth Circuit decision denying qualified immunity to a California police officer in hot pursuit of a suspected misdemeanant. The suspect had entered an enclosed front yard...more

Professor’s Public Criticism of University Department “Direction and Focus” Was a Protected Matter of Public Concern

A university professor’s “broad proposals to change the direction and focus” of the university’s School of Communications were matters of public concern protected by the First Amendment. Despite the professor’s public...more

BB&K Police Bulletin: Taking Custody of Minor from School: Officers Entitled to Qualified Immunity from Claims of Unlawful Arrest...

Overview: The Ninth Circuit Court of Appeals recently ruled that Sonora police officers were entitled to qualified immunity from claims alleging unlawful arrest and use of excessive force on an “out-of-control” juvenile. ...more

Sixth Circuit: Social Workers Entitled To Qualified Immunity Because Law Not Sufficiently Clear

As I learn more and more about the social work field as my (new) wife continues on her path to becoming a social worker, I realize that social workers often see life at its lowest points. Never was that more true than in this...more

BB&K Police Bulletin: Search Warrants - BB&K Victory Securing Qualified Immunity Controls in Child Molestation Case

Overview: The Ninth Circuit recently refused to suppress evidence of child pornography found on the iPod of an alleged child molester during a search of his home. The court explained that the outcome was controlled by its...more

Weekly Law Resume - May 2, 2013: Torts – Public Entity – Qualified Immunity for Police Officers

A.D., et al. v. California Highway Patrol, et al. - United States Court of Appeals, Ninth Circuit (April 3, 2013) - The concept of qualified immunity involves shielding a police officer from a lawsuit where the...more

Officers Can Be Held Liable For Preventing An Ambulance That Contained A Shooting Victim From Leaving The Scene And For...

The federal court of appeals recently rejected certain public officials’ attempt to avoid liability by claiming qualified immunity. In that case, the parents and children of a shooting victim sued a county and individual...more

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