News & Analysis as of

Qualified Immunity Fourteenth Amendment

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

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

Beveridge & Diamond PC

Sixth Circuit Halts Qualified Immunity Claims for Bodily Integrity of Flint Residents

Beveridge & Diamond PC on

In Guertin v. State of Michigan, the Sixth Circuit held that officials responsible for the decision to change Flint, Michigan’s water supply, leading to lead-contamination of water is not protected by qualified immunity. The...more

Tucker Arensberg, P.C.

The Third Circuit Court Of Appeals Denies Teacher Qualified Immunity Under The “State-Created Danger” Theory Where The Teacher...

L.R. v. School Dist. of Philadelphia et. al. No. 14-4640 (3rd. Cir. Sept. 6, 2016). The Third Circuit Court of Appeals affirmed an Order from the U.S. District Court for the Eastern District of Pennsylvania denying...more

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